Man accused of intimidating witness in drunken driving case in Augusta Township
A man who state troopers say crashed his car into someone's yard while he was drunken driving in Augusta Township last month is accused of intimidating a person who witnessed the accident.
Derek Robert Stubbs, 30, of Ypsilanti Township, was arraigned Tuesday on charges of operating while intoxicated third-offense, intimidating a witness and operating with a suspended license.
He was released on a $10,000 personal recognizance bond and is scheduled to return to court for a preliminary hearing on July 15, Washtenaw County court records show.
Stubbs is accused of walking into a witness' garage after being released from jail June 7, knocking on the door to his house and intimidating him, Trooper Todd Etue said.
"If I do a year in jail and lose my mortgage and my new house that I've only had for six months and not see my kids, I'm going to be really pissed off when I get out, that's all I have to say," Stubbs reportedly told the witness at the end of a conversation with him.
The witness applied for a personal protection order against Stubbs and outlined Stubbs' alleged comments in a statement attached to a June 8 application. Washtenaw County Circuit Judge Nancy Francis denied the application the next day, but prosecutors later charged Stubbs with intimidating a witness.
Stubbs could not be reached for comment today.
Stubbs is accused of crashing his car at 1:30 a.m. June 7 in front of home near the intersection of Rawsonville and Torrey roads while he was drunken driving, Etue said.
A man who lives nearby heard the crash, ran out and talked to Stubbs, and then returned home to call 911, Etue said. The man went back to the scene to ensure Stubbs didn't leave, Etue said.
Stubbs' car had minor damage and he attempted to drive it off the property, but it got stuck, Etue said.
Troopers say Stubbs declined a preliminary breath test and field sobriety tests.
He later submitted to a Datamaster breath test at the Washtenaw County Jail, which showed his blood-alcohol level was .11, Etue said. In Michigan, it's illegal to drive with a blood-alcohol level of .08 or higher. The Datamaster test was administered three-and-a-half hours after the crash, Etue said.
When Stubbs visited the witness' house at 5 p.m. that day, he reportedly asked the witness whether he "remembered" him, Etue said.
Stubbs told the witness he has two young children, coaches little league baseball and the incident "would screw his family's life up," the witness wrote in the statement. The witness claims he told Stubbs he was concerned for the safety of his own children when drunken drivers are going off the road.
The witness walked with Stubbs down the driveway, and Stubbs got into the passenger side of a van, the witness wrote. Another man was reportedly inside.
Since the incident, the witness wrote he has been "looking out the window every time I hear a car slow near my driveway."
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and e-mail at leehiggins@annarbor.com.
Comments
krc
Fri, Jul 9, 2010 : 9:32 a.m.
"the incident would screw his family's life up"?? Noooo....Mr. Stubbs, YOU are screwing your family's life up. You are doing a pretty good job at it, too.
krazykat
Fri, Jul 9, 2010 : 7:31 a.m.
Stubbs has been on OTIS. The records are not kept up there forever...he is no stranger to the law!!
Mertie
Fri, Jul 9, 2010 : 12:51 a.m.
Maybe we also need a mug shot of the "honorable judge" Nancy Francis!
wells84
Thu, Jul 8, 2010 : 8:57 a.m.
The reason why Mr. Stubbs is not listed on OTIS2 is beacuse they only list you only if you are serving a sentence 90 days or more in a prison. I also think that Judge Francis denied the PPO was because Mr. Stubbs did not threaten to hurt or harm the witness. Although he did intimidate he did not threat or say what he was going to do. Not saying Mr. Stubbs is innocent just saying how this judicial stuff works.
CONCERNED CITIZEN
Thu, Jul 8, 2010 : 8:23 a.m.
I have never heard anything good about rulings by Judge Nancy Francis...perhaps she needs to be replaced. 3 DUI's definitely should get him jail time...is Judge Francis going to be his judge...if so I bet he walks...she loves a sob story and always favors the underdog...
DDOT1962
Thu, Jul 8, 2010 : 7:11 a.m.
Fear not, brave citizen of Augusta Twp.! There are plenty in your neighborhood and on this thread that will come to your assistance and help you obtain all the weaponry you need to adequately defend yourself, because if there's one thing this world needs, it's more people with guns.....
Bryan123
Thu, Jul 8, 2010 : 6:26 a.m.
Judge Francis is actually notorious for not issuing PPOs except in extreme cases. I won't go into the details since it would be very one sided, but threats are never going to warrant a PPO in her court room. She seems to require actual past physical violence.
ronn oneal
Thu, Jul 8, 2010 : 1:17 a.m.
How do you get out of jail after charges like these. I hope that witness has some fire power because dumb &$# seem like the kind that may keep his promise.
ronn oneal
Thu, Jul 8, 2010 : 1:14 a.m.
Another Fake Ypsi wanna be Gangster. 30yrs/old and a drunk. Please let me get my kids off the street before him and his south side or west willow cronies kill a kid drinking driving and music ear shattering levels; to the point that the car around it cant hear emergency sirens which is a danger in itself sober. Now add drinking.
drew_blows
Thu, Jul 8, 2010 : midnight
Better yet I will be contacting her office Thursday myself to ask why.
drew_blows
Wed, Jul 7, 2010 : 11:59 p.m.
Is AnnArbor.com going to be contacting Judge Francis' office to ask her why she failed to grant the PPO?
RoboLogic
Wed, Jul 7, 2010 : 8:51 p.m.
The witness should follow through on his duty. If the threats escalate, the witness should request help, if the authorities are not enough, or forthcoming, then by all means ask your fellow citizens. There are those in the community (Augusta Twp.) that will assist you. Please, A2.com; follow up if this situation escalates.
Michigan Reader
Wed, Jul 7, 2010 : 8:15 p.m.
I stand corrected--a PPO DOES NOT require a showing of imminent harm to be granted. I'm not an attorney, so shame on me.
Mick52
Wed, Jul 7, 2010 : 6:39 p.m.
A PPO may not be necessary since Judge Francis should have put a no contact provision on Mr. Stubbs as a condition of his release Both are really just paper anyway. He might stay free for pleading to 2nd...again. That happens or used to. Maybe they changed it. You could get several 1sts and 2nds on your record to avoid the dreaded third and prison. That would have been nice to know here, if he has more than two on his record. He could have many more than two, a benefit of the plea bargaining that goes on. "If I do a year in jail and lose my mortgage and my new house that I've only had for six months and not see my kids, I'm going to be really pissed off when I get out, that's all I have to say," Stubbs reportedly told the witness at the end of a conversation with him. I might get my commented removed here by EditBob Needham, but what the heck: I guess if this were me being threatened, I would have just slugged Mr. Stubbs right then and there, opened a can of whoopa-- on him maybe. Come to my house and threaten me, eh? Not a profitable enterprise, Punk.
Chris 8 - YPSI PRIDE
Wed, Jul 7, 2010 : 5:28 p.m.
What needs to happen at this point is a follow up article confirming if Mr. Stubbs actually owned his house for only 6 months. This would remove any doubt in my mind that this was actually said. Tax rolls which are public information should confirm this. I have reason to believe that the remark was exaggerated, especially since a judge refused to issue a PPO. Something about this story does not make sense.
Michigan Reader
Wed, Jul 7, 2010 : 4:51 p.m.
A PPO requires a showing of imminent harm...not just a threat. Yeah, the law doesn't seem like a real strong safeguard, and not all that much of a deterrent even if granted.
ffej440
Wed, Jul 7, 2010 : 4:09 p.m.
Otis only has prison records.Two offenses would have been below the time for a prison stay. Second offense could have brought up to 12 mos (Still County Jail) The only court around here doing FULL sentence is the 15th, other courts would give out about 90 days for a second offense.
Bob Needham
Wed, Jul 7, 2010 : 3:47 p.m.
(Two comments that assume the accused is guilty have been removed.)
Bob Needham
Wed, Jul 7, 2010 : 2:48 p.m.
(comment removed because of name-calling)
Lokalisierung
Wed, Jul 7, 2010 : 2:21 p.m.
"Why isn't he in OTIS?" Hmmm...good question. Is it because he never did any jail time for his first 2 offenses? I don't think you go into OTIS unless you've house in a jail? Maybe becasue his other 2 offenses are only misdemeanors?
Mikey2u
Wed, Jul 7, 2010 : 2:19 p.m.
Judge Nancy Francis' 6 year term doesn't expire until January 2015. Pity.
Ricebrnr
Wed, Jul 7, 2010 : 2:03 p.m.
Why isn't he in OTIS?
Mikey2u
Wed, Jul 7, 2010 : 2 p.m.
I live in Ypsilanti Township and would also appreciate seeing a mug-shot of Mr Stubbs
djm12652
Wed, Jul 7, 2010 : 1:56 p.m.
Is there a mug shot available so anyone in Augusta Twp can keep a look-out to help the brave witness?
djm12652
Wed, Jul 7, 2010 : 1:50 p.m.
The Honorable Judge Francis? Are you kidding? At what part of the suspect's remarks determined that he had not made a threat to the witness? Seriously Your Honor, rethink you bench thought process and pray that nothing, and I mean absolutely nothing happens to the witness.
Ricebrnr
Wed, Jul 7, 2010 : 1:48 p.m.
Lovely, more drun drivers with no concept of personal responsibility. Why was this guy out on bail? Why was the PPO denied? 3rd offense? Suspended license? Intimidating a witness? You think maybe this guy doesn't care too much about laws? hmmm? Anyone need a better example of how YOU are on your OWN and can't rely on the authorities to save you? The witness was lucky the guy was just talk...this time. If I was the witness, I'd tell him if he screwed up his own life and needs to get the heck off of my property. Dear Witness and Good Citizen, Kudos for doing your civic duty and yes maintain your heightened awareness but do not allow this miscreant to affect your life. YOU have many options available to you. Think about it and avail yourself of them. Many would be glad to help get you started if needed. 1*
a2huron
Wed, Jul 7, 2010 : 1:30 p.m.
Francis declined a PPO is this instance??? Was she asleep? It appears to clearly warrant one.
Mikey2u
Wed, Jul 7, 2010 : 1:23 p.m.
I hope Washtenaw County Circuit Judge Nancy Francis appreciates the fact that she has placed her career in Derek Stubbs hands.