Cross pleads guilty
Published 11:05 am Tuesday, April 19, 2011
Ivery Cross, 26, waived his right to a preliminary examination Tuesday morning, pleading guilty to three charges of criminal sexual conduct in the 2nd degree and one count of misconduct in office.
Cross stood before Berrien County Judge Gary Bruce, who accepted the plea.
The prosecution dismissed the count of criminal sexual conduct in the 1st degree, which carried with it the possibility of a life sentence.
The former Niles police officer addressed the court in an attempt to remain free on bond. The bond was ultimately revoked and he was taken into custody once again pending sentencing.
“I’m the first one to admit I made a mistake,” he said. “It was a one-time mistake.”
Cross said he was trying hard to get his life moving forward, as he’s expecting a child with his current girlfriend, and he asked that be taken into consideration in the matter of his bond.
Bruce explained unless he could be confident Cross would not commit such crimes again, it was standard for bond to be revoked pending sentencing.
“I’m not a danger to your community,” Cross said. “I’m actually trying to repay society … I’m sorry to the victim.”
Cross’ attorney, Andrew Burch, also spoke on behalf of his client in an attempt to prevent the bond being revoked.
“It should be clear that this young man has a stellar past,” Burch said. “Not a stellar future but a stellar past.”
Inside the full courtroom, Cross admitted to the charges, saying on the night of March 17, he arrested the 19-year-old victim and lodged him at the Law Enforcement Complex, 1600 Silverbrook Ave., Niles. During that evening on two occasions, Cross said he touched the victim’s penis and on the second occasion also touched his buttocks.
Berrien County Prosecutor Steve Pierangeli challenged Cross’ claim that the incident was a “one-time” occurrence, saying there were text messages and a phone call that followed the incident between March 17 and March 25.
Later, Chief Prosecutor Art Cotter further explained those messages, saying Cross had set up a meeting with the victim, picking him up at a gas station and taking him to his house, apparently to have him masturbate in front of him.
It was when the victim arrived at Cross’ home, that he was patted down and Cross discovered a wire. The police then moved in and arrested him.
Cotter called the difference in possible sentences “significant.”
Each count of criminal sexual conduct carries a maximum sentence of 15 years. The prosecution and the defense agreed upon a minimum sentence range of between 36 and 71 months.
“This is a really outrageous, egregious crime by one-time officer Cross of the Niles Police Department,” Cotter said. “He clearly violated the trust that the department and the community placed in him and violated his oath of office to serve and protect the people, not abuse them in the manner in which he did the (victim).”
In regard to the evidence gathered against Cross, Cotter said the prosecution was able to obtain video that corroborated the victim’s statement and Cross’ own statement that he took the victim out of the holding cell on two occasions to a bathroom not far from the cell at the police department.
He deferred any question of whether there should be a critical look at the department’s operations to Niles City Police Department officials.
After his client was taken back into custody, Burch said Cross’ family was aware that he would waive the preliminary examination and that his client was aware there was a chance bond could be revoked.
“I didn’t think that this case called for it,” he said.
The severity of the charges, Burch did say, is elevated in matters of the “status of the players.”
Sentencing is scheduled for May 31, with a pre-sentence conference set for May 20.