Cross charged on five countsPublished 11:17am Wednesday, March 30, 2011
Berrien County Prosecutor Arthur Cotter announced Wednesday that charges have been authorized against Niles Police Officer Ivery Cross, 25.
Cross faces the following charges: one count of criminal sexual conduct in the 1st degree (digital penetration of the rectum during commission of a felony); three counts of criminal sexual conduct in the 2nd degree (sexual conduct with genitals and buttocks during commission of a felony); and one count of the common law offense of misconduct in office.
CSC 1st degree is a felony punishable by up to life in prison; CSC 2nd is a felony punishable by up to 15 years in prison; and misconduct in office is a felony punishable by up to five years in prison.
The charges arise out of an incident that occurred March 17 at the Niles Law Enforcement Complex involving Cross and a 19-year-old male whom he had arrested for possession of marijuana.
It is alleged that during the time the suspect was in custody, Cross sexually assaulted him while they were alone in the bathroom at the LEC.
Cross was arrested Friday afternoon. The NPD removed police department property from his Niles home, including a Taser and ammunition.
According to Police Chief Ric Huff, Cross bonded out of jail with $25,000. He was scheduled to appear in court for arraignment Monday afternoon, but it was rescheduled for Thursday at 1:30 p.m. at the Niles Courthouse.
This matter was investigated by detectives from the Michigan State Police’s Fifth District Headquarters in Paw Paw at the request of the Niles Police Department.
Cross was also an assistant football coach at Niles High School. Supt. Richard Weigel confirmed Tuesday that he is no longer employed there.
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