By Allison Scarbrough, News Editor
HART — Felony charges against a repeat domestic violence offender were dismissed in Oceana County’s 79th District Court this week due to the victim in the case testifying that she was not assaulted.
John Paul Redmond, 37, of Pentwater, faced multiple charges stemming from an alleged domestic assault that resulted in the stabbing death of the victim’s pit bull.
John Redmond
“The victim came to the probable cause conference and testified under oath that she was not assaulted,” said Oceana County Prosecuting Attorney Joseph Bizon. “Due to her testimony, the charges against him were dismissed. Off the record, she confirmed that the dog or dogs were biting both of them during a verbal argument. This solidified that the actions towards the dog legally constitute self defense.
“During his incarceration, the defendant attempted to contact the victim. We made a record of this, and the court found this to be contempt of the court’s order, and sentenced him to 45 days in jail.”
Redmond was charged with two felony counts of assault with intent to do great bodily harm less than murder, one felony of assault with a dangerous weapon and a misdemeanor of malicious destruction of personal property less than $200 — a cell phone.
Redmond fled the scene on foot, which put the nearby Pentwater Public School campus in “secure mode,” and was captured by police after about 45 minutes on the run.
The alleged assault occurred in the 100 block of Clymer Street in Pentwater Wednesday morning, April 8.
Redmond has a history of domestic violence, and the victim has a history of reconciling with him.
He was sentenced to 130 days in jail Aug. 1, 2022 in 51st Circuit Court for a conviction of third-offense domestic violence.
“He had a ‘no contact’ provision with the victim; located her at a hotel; and assaulted her there,” said Bizon previously. “She reluctantly testified against him at the preliminary exam, and the assault was caught on the hotel cameras because it was in a hallway.
“The victim spoke on his behalf at sentencing, asking the judge not to put him in jail. He was supposed to receive time served — 60 days — at sentencing but did not cooperate with the sentencing report and absconded, resulting in getting the extra time.”
Judge Bradley G. Lambrix (now retired) sentenced Redmond to 130 days in jail with credit for 110 days served.
Redmond faced a felony of abandonment/cruelty to 4-10 animals in a separate matter, but the case was dismissed.
“Domestic violence cases are difficult,” said Bizon. “The cycle of violence is real, and we deal with victims who do not always recognize or accept that they are abused because it is their normal experience. They often have reactions that are different from what the general population wants the reaction to be. There are some laws and rules that have developed to help deal with those realities, but we still have to be able to prove the elements of the crime beyond a reasonable doubt. There is also truth that the limits of the justice system are frustrating for some people who experience abuse and the system’s abilities and limitations.”
Redmond is not being charged with animal cruelty, because he was defending himself against the dog.
“We have to follow the law — the law includes the right to self defense,” said Bizon. “There are rules for how and when to apply the laws of self defense. While receiving information from the police and reviewing the investigation, I was reviewing the statutes and jury instructions on the matter. The evidence and facts surrounding the actions toward and involving the dog fall within the parameters of self defense. If a colorable claim of self defense is raised, the prosecutor has to disprove self defense beyond a reasonable doubt. The evidence available does not do that. Two of the charges applied are more severe and one is equal to any charge available for the acts against the dog. While the emotional reaction to that act is profound, the law does not support a criminal charge. We looked at this hard and serious and I don’t see an ethical and effective road past self defense with what we have.
“The investigation shows the dog did attack the defendant,” said the prosecutor. “He had dog bites on him. It is a little bit unclear as to the exact timing, whether it was contemporaneous or after the attack on the victim while he was leaving, but under the laws of self defense that would not make a difference.”
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