Prosecutor: Misdemeanor for BC officer

BATTLE CREEK, Mich. (WOOD) - A Battle Creek police officer will face only one misdemeanor charge after allegedly driving drunk and speeding when his car slammed into mailboxes and signs in mid-2012.

New Calhoun County Prosecutor David Gilbert said he will not pursue a felony charge of resisting and obstructing police against Officer William Gensch. Another misdemeanor charge of failure to report an accident was also dismissed by Gilbert.

Both charges were originally brought by former prosecutor Susan Mlandenoff.

Gilbert told 24 Hour News 8 he dropped leaving of the scene of the accident because, as the law is written, it didn't fit the case. Gilbert said the law states a person has to report the accident to the homeowner or a police officer, and evidence shows Gensch was on the scene when the first officer responded to the crash.

Dropping the charge of resisting or obstructing an officer was a tougher call, he said. After interviews with police and reviewing what their testimony would be, Gilbert didn't think he could ge a conviction.

The sergeant who bumped by Gensch told Gilbert he didn't feel the bump was intentional or meant to prevent him from doing his duty.

Instead, Gensch will face one count of operating a vehicle while intoxicated, a 93-day misdemeanor.

The investigation was frustrating, Gilbert said, because of the way it was handled by the police department at the scene.

He knows this decision will be controversial, but he needs to follow the law as it's written.

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The crash happened in the early hours of July 31, 2012 on W. Michigan Avenue near Custer Road. Officers who responded to the crash didn't arrest driver Gensch, who appeared visibly intoxicated and was aggressive toward fellow officers. A police report released later showed his blood-alcohol content (BAC) level was more than three times the legal limit.

The fact that officers on the scene did not draw blood or have Gensch perform field sobriety tests would have made it more difficult to charge him with being "super drunk," -- having a BAC of .17 or more -- which carries more serious penalties.

The responding lieutenant was demoted to sergeant without the possibility of future advancement. Gensch was suspended for 20 days without pay.

A third officer who was Gensch's passenger at the time of the crash was not disciplined and does not face charges.