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Wesaw convicted of resisting arrest

Published 9:22am Monday, November 16, 2009

CASSOPOLIS – Fabian Wesaw was found guilty as charged Thursday by a Cass County Jury for resisting Dowagiac Police Department officers when they were investigating a domestic violence complaint.

The incident occurred on Sept. 2, 2009, at 3:09 a.m. at 403 First Ave. in the City of Dowagiac when Officer Dan Wiggins and Sgt. Eric Gizzi responded to a 911 domestic violence call.

The 911 information indicated that a domestic dispute was in progress with the suspect, Fabian Wesaw, present and intoxicated.

Deputy Fall of the Cass County Sheriff’s Office and Reserve Officer Alexander quickly responded.

Upon arrival on the scene, Wesaw was seen hiding behind a backyard shed and ordered to come forward.

Testimony indicated that from the onset Wesaw was both argumentative and reluctant to listen to the officers.

Wesaw ultimately ignored officer commands to get to the ground and instead continued to verbally assault the officers and to walk towards the entrance of his house.

When an officer attempted to handcuff Wesaw, the defendant refused to comply with commands and became physically threatening.

After repeated warnings, Wesaw was tasered, yet still continued to struggle with officers.
With Wesaw on the ground, law enforcement was ultimately able to get him into handcuffs.

The case was tried by Cass County Assistant Prosecuting Attorney Tiffiny Vohwinkle, who stated at the conclusion of the case, “If Mr. Wesaw had simply complied with officers who were just doing their job, he would never have gotten into this predicament.”
Sentencing is set for Jan. 15, 2010, at 8:30 a.m. in front of Circuit Judge Michael E. Dodge.

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  • Pam Mersereau

    I wish the people who are reading this could read the police preliminary statments, and then the statments they gave on the witness stand. They are completely different. But then they did have to justify the use of a taser on a man who was just standing in one spot with his hands behind his back. I know that is true. I saw it.

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