DETROIT (WWJ) – Felony charges have been dismissed against one of two police officers accused in an alleged vigilante case.
Judge Michael Callahan on Wednesday threw out the charges against Detroit Police Officer David Pomeroy, saying the district court made an error in binding the case over.
Pomeroy and St. Clair Shores Sgt. Michael Notoriano are accused of armed robbery and other felonies in connection with the alleged assault of a man they accused of stealing a cell phone from Notoriano’s 16-year-old daughter.
According to the Wayne County Prosecutor’s Office, Notoriano’s daughter was robbed of her iPhone at a Detroit gas station on July 20. Prosecutors said Pomeroy and Michael Notoriano traced the phone and confronted three Detroit men at gunpoint the next day. That’s when Pomeroy allegedly took a handgun and the phone and Notoriano took $300 and marijuana before striking one of the men with a gun.
Thrown out were one count of armed robbery, two counts of unlawful imprisonment, one count of larceny of a firearm and felony firearm. Pomeroy still faces two misdemeanor counts of public official – willful failure to uphold the law.
Wayne County Assistant Prosecuting Attorney Maria Miller said prosecutors disagree with the ruling and an appeal is planned.
Miller said the court indicated that a stay of proceedings would be granted if the case was appealed.
Meantime, there is no change in the charges for Notoriano who faces one court of armed robbery, two counts of felonious assault, two counts of ethnic intimidation, one count of willful neglect of duty, and two misdemeanor counts of public official – willful failure to uphold the law.