Cross taken back into custody

Published 12:02 am Friday, April 1, 2011

By JESSICA SIEFF and AARON MUELLER
Niles Daily Star

Facing five charges including criminal sexual conduct and obstructing justice, Niles City Police officer Ivery Cross was taken into custody following his arraignment Thursday, but family members and Cross’ supporters say the charges are an attempt to oust him from the force.
After the arraignment, a mass of family members and supporters of Cross gathered, shouting at the media in his defense. Many of his family and friends were in tears and expressed their shock and anger with the proceedings.
Cross’ sister, Yolanda Austin, told members of the local media she felt her brother had been unfairly portrayed in news reports following his arrest.
“My brother cooperated from day one,” she said. “He told them to go ahead and search the house because he knows he is innocent. If he was guilty he never would have cooperated from the beginning.”
Others yelled at the media, claiming they had “already lynched” Cross.
In court, Prosecutor Steve Pierangeli called each of the charges against Cross “very serious crimes,” adding the circumstances of the allegations showed “an indifference to the law and authority by the defendant.”
Cross, 25, stood before Berrien County Trial Court Judge Scott Schofield, represented by Niles attorney Mackenzie Elliott, who said he was temporarily serving as Cross’ primary representation. Andre Gammage of South Bend was not present due to a prior court appointment.
Cross was arrested Friday and the allegations made against him stem from a reported incident at the Law Enforcement Complex in Niles. Cross has been accused of assaulting a 19-year-old inmate in the holding facility at the Niles Law Enforcement Complex.
Upon his arrest, Cross posted a $25,000 bond. Schofield on Thursday called that amount “inadequate” in regard to the seriousness of the allegations against him and granted the prosecution’s request for an increase to $250,000.
That amount could be reduced to $100,000 provided Cross would remain on tether.
When he entered the courtroom, Cross was met by a strong showing of support and he took time prior to the start of proceedings to shake hands and even embrace some of those who sat behind him.
Niles City Police Chief Ric Huff and Capt. Jim Millin were also present during the arraignment.
“We were just there to observe the status of the charges,” Huff said.
Several of Cross’ supporters accused the police department of trying to force out Cross, who is the only black officer on the force.
“You saw how they stood by the back door. Not one of them stood up for my brother,” Austin said.
Asked about accusations against the police, Huff said: “That is often the occurrence (accusations of family members). That is why we didn’t investigate this case ourselves.”
Huff added the police department has no official stance on the case.
A status conference has been scheduled for April 7 and a preliminary hearing for April 12.
Cross is suspended from the police department without pay. He also will not be re-hired as an assistant football coach for the Niles High School football team.