Court documents show that Niles police officer Ivery Cross, who is charged with criminal sexual conduct, allegedly confessed to part of the allegations to a detective, and reportedly promised the victim he could “help himself out of” a possession of marijuana charge if he performed a sexual act.

Cross was arrested Friday, March 25 for allegedly assaulting a 19-year-old inmate in the holding facility at the Niles LEC. Cross had arrested the victim for possession of marijuana.

Cross is charged with 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 offense.

According to the complaint, Cross was arrested March 17 at his Cass Street home and then interviewed by the Michigan State Police.
He was first interviewed by Det. 1st Sgt. Charles Christensen, who wrote the complaint, then  interviewed by Det. Sgt. Mike Spring, “where he admitted to touching the victim in genital areas on one occasion after asking him (the victim) to masturbate in his presence.”
A box check-marked “Confession” accompanied that statement in the complaint.

The complaint states the victim was allegedly assaulted on two separate occasions while lodged at the LEC, and that Cross was in uniform and on duty both times. He reportedly ordered the victim to masturbate on two occasions, and Cross fondled the victim’s genitals and also inserted a finger into his rectum on one occasion.

The complaint stated that “Officer Cross made reference to the fact that he (the victim) could help himself out of his possession charge by masturbating for him.”

Cross was arraigned in court Thursday. Upon his arrest, Cross posted a $25,000 bond. Judge Scott 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.

The Berrien County Jail in St. Joseph confirmed Friday afternoon that Cross was no longer lodged there, but would not confirm whether he was bonded out or transferred to another facility. A jail employee said he was lodged there at 8 a.m. Friday.

Cross has been ordered, if bonded out, to abide by a 9 p.m. to 6 a.m. curfew; make no contact with school campuses or any witness; and turn over all uniforms, police equipment and weapons to Det. Fabian Suarez of the Michigan State Police Niles Post.

This case was investigated by detectives from the Michigan State Police’s Fifth District Headquarters in Paw Paw at the request of the Niles Police Department.

A status conference has been scheduled for April 7 and a preliminary hearing for April 12.