Caught on Video: Wear Masks “If You’re Not Looking to Run Into Stuff with the Prosecutor’s Office”
Judge Carpenter denies motion to dismiss in Sheets, Executive Order case
MIDLAND, Mich. — The City Paper has obtained video footage of a Midland Police visit, on behalf of the Midland County Prosecutor’s Office, to a local business previously targeted and charged with violating one of Gov. Gretchen Whitmer’s Executive Orders. In the video, a police officer suggests to High Definition Detailing owner Jimmy Sheets that he and his employees wear masks “if you’re not looking to run into stuff with the Prosecutor’s Office,” later adding “this is totally not from us,” as in, the Midland Police Department.
In the video, Mr. Sheets confirms multiple times with the officer that the Prosecutor’s Office sent the police, and that wearing a mask is a suggestion, not a requirement. The police officer in the video is not wearing a mask.
“It’s unfortunate that the Prosecuting Attorney’s office has taken measures to continually check on my client that is known to be represented. Yet the police approach him to ask questions. Further, when we see that the officers aren’t wearing masks – regardless of whether the existing Executive Order allows them to go ‘maskless’ – it appears as incredibly hypocritical for government agents to lecture a citizen on the importance of masks,” Mr. Sheets’ attorney, Brian H. Jean from Triton Legal PLC, told the City Paper. “Certainly the officers were there doing their jobs, and they acted professionally in all other respects. But this is not what the taxpayers should be funding.”
Mr. Sheets was charged in 75th District Court, in April, for allegedly violating Ms. Whitmer’s Executive Order regarding the COVID-19 pandemic. At the time, and quite possibly still, Mr. Sheets is the only local person being charged with violating one of Ms. Whitmer’s orders, which required “non-essential” businesses to close and prohibited private gatherings. A violation of the Executive Order is a misdemeanor and carries a maximum penalty of 90 days in jail and a fine of $500.
High Definition Detailing is known mostly for its work on high-performance and luxury vehicles, working on detailing, paint restoration, and window tinting among other services.
“As someone who does work all over the state, I haven’t seen anything remotely like this. At worst, fines by Health departments, or people are paying something plead down to a noise complaint for $250. This is pretty outrageous. And baffling. I mean it’s a real head-scratcher, it really seems like there has to be a personal angle here somewhere,” David Forsmark, a Flushing-based political consultant who does work for candidates in both Parties all over the state, told the City Paper. “If this story gets a wide audience, this should be another ‘Karl the Barber’ situation. Because this is far more egregious. It’s not like the guy is actually in people’s faces and touching people’s heads. I just can’t fathom this.”
Last month, Judge Michael D. Carpenter, ruled on a motion to dismiss in the case. The motion, filed by the defense, argued that the Executive Order was unconstitutional under the void for vagueness doctrine. Mr. Carpenter denied the motion, saying that the case should instead be resolved by a jury of Mr. Sheets’ fellow community members.
High Definition Detailing and Triton Legal PLC are community partners with the City Paper. Please read our Editorial Independence Policy to see how our sponsors, donors, and advertisers never influence our journalism. Mr. Jean serves on the City Paper’s Board of Directors.
“All laws must be written in ways that a understandable to ordinary citizens so as to give them notice of what behavior is prohibited. The issue with many of the Executive Orders has been that much of the language is incredibly nebulous. This renders it nearly impossible for a person to figure out what is prohibited, and what isn’t,” Mr. Jean told the City Paper. “In Mr. Sheets’ case there is a question as to whether his business could continue to operate. This is particularly true when very similar businesses were allowed to continue operations (for example car dealers that had staff cleaning and detailing vehicles) under the language of the Executive Order.”
Prosecutors are alleged to have offered Mr. Sheets a deal involving a suspended sentence and probation in exchange for pleading guilty. Mr. Sheets is said to have rejected that deal, opting instead for a trial.
Midland County Prosecutor J. Dee Brooks did not respond to a message from the City Paper seeking comment on the police visit and the video footage.
“These are extremely difficult times that, unfortunately, call for extreme measures to protect the public health, which is my top priority as Prosecuting Attorney,” Mr. Brooks told the City Paper back in April. “Law enforcement does not take any enjoyment in having to enforce these orders, but we are doing the best we can under the circumstances.”
Michael Westendorf is the chairman and executive editor of Chemical City Paper. As Executive Editor, he leads the City Paper’s news coverage and editorial team.