Preliminary charges in Cross arrest

Published 5:44 pm Monday, March 28, 2011

If Niles City Police Officer Ivery Cross, 25, is convicted of the preliminary charges against him — one count of criminal sexual conduct in the first degree, two counts of criminal sexual conduct in the second degree and one count of obstructing justice — he could face life in prison.
Niles City Police Chief Ric Huff and Det. 1st Lt. Charles Christensen of the Michigan State Police answered questions at the Law Enforcement Center Monday regarding Cross’ arrest, which took place Friday afternoon, and the ongoing investigation of his conduct.
Huff said the incident was “devastating to the community” and called the situation “without a doubt the hardest situation I have ever dealt with.”
That situation allegedly began on the evening of March 17 while Cross was on duty at the Law Enforcement Complex. The incident, involving a 19-year-old male, allegedly took place in a holding cell. It was not said whether or not he was being held at the jail for booking.
“A law enforcement agency contacted us and told us there could be some improprieties of one of our officer’s actions and that we probably should take a look at it,” Huff said.
The Niles City Police Department on Thursday alerted the Michigan State Police, who arrested Cross Friday afternoon. They later went into his home and removed property Christensen said belonged to the police department, including a Taser and ammunition.
According to Huff, Cross bonded out of jail with $25,000. He was scheduled to appear in court for arraignment Monday afternoon. That date has since been pushed to Thursday.
The charges against Cross are pending and based on “a preliminary finding” that had been submitted to the prosecutor’s office, Huff said.
“It’s not official,” he said.
The chief, also the incoming city administrator, would not discuss whether or not Cross had any prior disciplinary issues with the department.
A Niles High School graduate who is also an assistant football coach at the school, Cross has been employed with the Niles police department for a little more than two years. Huff said upon hiring him, Cross appeared “very personable … and really turned out to be a diligent, hardworking employee.”
“I was very taken aback when I heard about this on Thursday and very devastated,” Huff said.
As the investigation continues, Cross is suspended without pay.
“Officer Cross is currently in a suspension mode,” he said, “in which he has no law enforcement authority whatsoever.”
An internal review process will begin in regard to his future with the department, he added.
Christensen said it appears only one victim was involved in the incident, but added there could be a possibility of others.
As it stands, the allegations against Cross could mean life in prison. The penalty for criminal sexual conduct in the second degree is no more than 15 years.
An explanation of criminal sexual conduct in the first degree include sexual penetration of some kind, Christensen explained; second degree offenses amount to “touching.”
Investigators would be reviewing any surveillance video from inside the Law Enforcement Complex. On an average evening at the department, Huff said there could be three patrol officers on duty and two dispatch personnel.
Huff assured his department is “completely supportive” of the Michigan State Police investigation and that he “wants a thorough investigation” into the allegations.
Following questions with members of the press, Huff said a departmental meeting was scheduled for Monday afternoon so Huff can inform employees as much as he legally can on the incident.