Dismissal Likely In Case Against Local Detailing Business
MIDLAND, Mich. — The case against High Definition Detailing owner Jimmy Sheets will likely be dismissed, the City Paper has learned.
Mr. Sheets was charged in 75th District Court, in April, for allegedly violating one of Gov. Gretchen Whitmer’s Executive Orders regarding the COVID-19 pandemic.
“We are in the process of filing a request with the court to dismiss the charges,” Midland County Prosecutor J. Dee Brooks told the City Paper. “Although we still believe that the charges were an appropriate exercise of our duty to protect the community, and that it was unfair for the defendant to keep his business open when all other similar businesses temporarily shut-down their operations, the prosecution of this case was never a high priority and we believe our resources can best be directed at more serious matters.”
“To be honest, I really appreciate J. Dee’s fortitude in seeking justice,” Triton Legal PLC partner Brian Jean, Mr. Sheets’ lawyer, told the City Paper.
The move for dismissal comes after an embarrassing e-mail message sent from Mr. Brooks to Mr. Jean, saying, “perhaps you should actually read the Supreme Court’s Opinion,” and then going on to claim the court’s opinion didn’t apply to Mr. Sheets’ case.
Mr. Jean did just that.
“Thanks for the response,” Mr. Jean wrote back. “I actually just finished up the Opinion that struck down the EPMA in its entirety. While the Court did not strike down the EMA, it did indicate that the Governor could not extend the Declaration of the State of Emergency beyond April 30. However, nothing within the EMA allowed the Governor to shut down business.”
Mr. Jean continued.
“So I mean, I guess we could go to trial on a law that is unconstitutional – I’m not sure how there will be jury instructions on that but I guess we could figure it out later. Or, I can file the motion, but I’m totes asking for Attorney fees.”
Mr. Jean then ended his response with a heart symbol. 24 hours later, the Prosecutor’s Office was seeking to dismiss the charges.
At the time — and quite possibly still, — Mr. Sheets was 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. Violations of the Executive Order were considered a misdemeanor and carried a maximum penalty of 90 days in jail and a fine of $500.
Last month, the City Paper obtained video footage of a Midland Police visit, on behalf of Mr. Brooks, to High Definition Detailing. In the video, a police officer suggests to Mr. 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.
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 in August. “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.”
In July, Judge Michael D. Carpenter, ruled on a previous 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.
Prosecutors are alleged to have earlier 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, pleading not guilty and opting instead for a trial.
“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.