Ex-Troy of­fi­cial agrees to plea deal

The Detroit News - - Metro - BY MIKE MARTINDALE The Detroit News

Troy — A for­mer Troy city man­ager en­tered a no con­test plea Mon­day to a do­mes­tic vi­o­lence case in which he al­legedly tack­led a 28-year-old girl­friend and drove her face into the ground out­side a Claw­son ad­dress dur­ing an ar­gu­ment last month.

Brian Kis­chnick ap­peared be­fore Clark­ston District Judge Kel­ley Kostin and sub­mit­ted the no con­test plea in the March 9 in­ci­dent, es­sen­tially the same as a guilty plea but with­out ben­e­fit of a trial or ap­peal.

In ac­cept­ing the plea,

Kostin said she would con­tinue Kis­chnick’s bond, but he would have to ap­pear in court twice more, in­clud­ing on May

21 when she will sen­tence him on the mis­de­meanor, pun­ish­able by up to 93 days in jail and fines. Kostin set a $5,000 cash surety bond for Kis­chnick last month.

Kis­chnick, 50, was fired by the City Coun­cil last month, just two days af­ter the Claw­son in­ci­dent. He has de­clined to be in­ter­viewed by The News, but prior to his fir­ing, he wrote a let­ter to the coun­cil deny­ing any as­sault. He ex­plained the cou­ple had been out to din­ner and drink­ing and got into an ar­gu­ment. Wit­nesses claim they saw Kis­chnick tackle the woman and throw her to the ground.

“As the sit­u­a­tion es­ca­lated, I at­tempted to calm her down, dif­fuse the sit­u­a­tion, de­fend my­self and pre­vent harm to her and I,” Kis­chnick wrote. “As we con­tin­ued to­ward our des­ti­na­tion, I was hold­ing her to pro­tect us and get there safely. We fell to the ground at least two times. The fact is I never hit her, abused her, threw her to the ground or harmed her.”

Kis­chnick again de­clined to talk to a re­porter Mon­day. Out­side the court­room, his at­tor­ney, An­jali Prasad, in­sisted her client is not abu­sive.

“Any­one who knows Brian knows that’s not the kind of per­son he is … he was just try­ing to get her home,” she said.

When asked that, if he is in­no­cent, why wouldn’t Kis­chnick fight the charge, Prasad said she would have pre­ferred to take the case to trial.

“He wants to spare her (vic­tim) be­com­ing a spec­ta­cle like he has be­come,” she said.

The cou­ple pre­vi­ously worked to­gether at Troy City Hall, where Kis­chnick was her su­per­vi­sor.

Claw­son po­lice have talked to sev­eral neigh­bors who could have been called to tes­tify on what they wit­nessed.

Kostin cau­tioned Kis­chnick that all pre­vi­ous con­di­tions of his bond re­main in ef­fect. Kis­chnick dodged jail time ear­lier this month af­ter Kostin was ad­vised that he had vi­o­lated his bond by tele­phon­ing the vic­tim. Kostin told Kis­chnick if it hap­pened again, she would sen­tence him to 30 days in jail.

Kis­chnick was hired by Troy in 2012 af­ter serv­ing as Tit­tabawassee Town­ship man­ager. His con­tract as Troy’s $161,000a-year city man­ager was just ex­tended last sum­mer.

Kis­chnick was the fo­cus of a city hall probe two years ago for an un­re­ported ac­ci­dent in­volv­ing a city car and also ques­tion­able ex­pen­di­tures.

Af­ter a two-month in­ves­ti­ga­tion of con­cerns, of­fi­cials said no crim­i­nal mat­ters oc­curred and no dis­ci­plinary ac­tion was re­quired against Kis­chnick, who agreed to re­im­burse the city for $1,000 in re­pairs caused in the traf­fic ac­ci­dent.


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