Hastings City Police say they are investigating the events that brought an abrupt end to the six-hour Barry-Eaton District Board of Health meeting last Thursday.
Public proceedings were halted when Hastings business owner Adam Heikkila announced that he was making a citizen’s arrest of BEDHD Health Officer Colette Scrimger.
Barry County Sheriff Dar Leaf said he spoke to Heikkila on Friday and warned him of the legal jeopardy he faces because of his actions.
Potential charges include false arrest and imprisonment. Heikkila also may have broken city and state statutes by disrupting a public meeting, the sheriff said.
Leaf said he told Heikkila it would be a good idea to apologize to Scrimger for his behavior.
Leason Sharpe Hall had been filled to capacity when the meeting started that morning; by the second round of public comment that afternoon, though, the audience numbers had dropped from 175 to about 50 people.
That's when Heikkila approached the podium, declared that he was making a citizen's arrest and cited several laws, including the Fourteenth Amendment, as the basis for Scrimger's arrest. Then he read aloud her Miranda rights and asked if she understood.
Scrimger, who was sitting beside health board members at the table in the front of the room, did not respond.
“Your silence will say that’s acceptance,” Heikkila said. “Officer Miller, I’m handing over custody to you under Michigan law, for you to take her under custody. This is the law.”
“Do your job!” one man in the audience shouted at Hastings City Police Sgt. Kris Miller.
“Calm down,” Miller said.
“We’re tired of being calm, Miller,” the man replied.
“Thank you, Mr. Heikkila,” Barry County Commissioner and Board of Health Chairman Ben Geiger said. “Is there further public comment?”
But Heikkila refused to leave the podium.
“We’re going to wait until a superior officer gets here, and understands the law that has just been read,” he announced.
Geiger said he would end the meeting, and audience members shouted at him.
“If Mr. Miller is not going to uphold the law that has been required and requested of him at this time, to take Ms. Scrimger into custody, from my custody, then we will stay here,” Heikkila said, “and I will stay here until his superior comes in and informs him of the law that he needs to follow.”
“The board will stand in recess at this time,” Geiger said. He pounded the gavel on the table, threw up his hands and stood up.
“She’s under arrest, she’s not allowed to leave the premises,” one woman called from the audience.
“She’s not under arrest,” Geiger replied.
“Yes, she is!” several others shouted.
Health board members and Scrimger remained at the front of the hall, talking to each other as they waited for more police to arrive.
Over the county’s livestream of the meeting, one of the commissioners could be heard saying they would need a police escort out of the building.
A Barry County posse member walked over and stood between the audience and the table where Scrimger was sitting.
Some people continued to call out that Scrimger was under arrest.
“I don’t have handcuffs,” Geiger told them.
At one point, members of the audience started saying the Pledge of Allegiance, and some of the commissioners stood, turned to the flag, and held their hands over their hearts as they recited the pledge.
Afterward, some people in the audience began shouting “USA! USA!”
Then a woman led the group in prayer.
“God, we come to you again, with anger and frustration and righteous fury, against one person…,” she began.
Heikkila left the podium, and came back a few minutes later with an announcement.
“At this time, we do have some further information in what’s going to happen,” he said, “and there is an investigation that has been underway and so we are going to release her under her own free will at this time, barring this investigation.”
“Why?” several audience members shouted out.
“I want to see it happen,” one man said.
Heikkila turned to the officers.
“So, you guys, I am no longer requiring you … I am no longer going to arrest her at this time.”
Heikkila said he had spoken to Sheriff Dar Leaf.
Later, during an interview with The Banner, the sheriff summarized his conversation Thursday with Heikkila: “I contacted Adam and told him to un-arrest her.”
Scrimger walked out of the building, a member of the Barry County posse accompanying her.
Leaf, Hastings interim Police Chief Dale Boulter and Barry County Prosecutor Julie Nakfoor Pratt arrived at Leason Sharpe Hall and spoke to commissioners, as audience members, including Heikkila, slowly began to leave.
Scrimger was never really in Heikkila’s custody, Leaf told The Banner Tuesday. If Scrimger had gotten up and walked out of the building, Heikkila would have been powerless to stop her, he said.
Leaf also said he was not aware of any investigation of Scrimger by the sheriff’s office, although they had received a petition signed by about 200 people requesting one. The sheriff said he would have to check with his deputies.
On Tuesday, Heikkila told The Banner he was referring to that petition to the sheriff's department when he announced at last Thursday’s health board meeting that there was an investigation underway.
Heikkila said he expected that petition to trigger an investigation into Scrimger’s actions. He declined to discuss his actions further, due to that ongoing investigation, he said.
Heikkila, who lives in Battle Creek, served two years as Bedford Township supervisor. He was recalled in November 2018, after more than 1,000 people petitioned for his removal from office.
According to the Battle Creek Enquirer, the recall petition accused Heikkila of “failing to keep business hours at the township office, telling township employees to dismiss an ordinance violation case pending against him, being threatened with arrest for disorderly conduct toward township employees and establishing ‘a pattern of intimidating and threatening behavior which has created a hostile environment for both township employees and residents.’”
The petition was filed by Kraig Dingman, a Hastings City police officer, who ran against him and was later appointed to the board to fill the post of the trustee who defeated Heikkila.
Geiger said he could not comment on the incident that disrupted the health board meeting because of the investigation.
Boulter said he could not say how long that investigation would last, but that any recommended charges would be turned over to prosecutor’s office.
He could not recall any citizen’s arrest incident since he has been with the department, he added.
Leaf said the last instance of a citizen's arrest that he could recall occurred before he was sheriff – and that did not result in any arrest either.
The way the law is written, some people may think they can make a citizen's arrest of anyone who they believe broke a law, “which is dangerous,” Leaf said.
Both Leaf and Boulter said there are few, very specific instances during which a person can legally make a citizen's arrest. One example would be in a case where a citizen witnesses someone committing a serious felony when no police officers are present.
It’s not the first time Leaf has spoken about the law regarding citizen’s arrests.
In October 2020, the sheriff suggested to news agencies that the men who were charged in a plot to kidnap Gov. Gretchen Whitmer may have thought they were attempting to make a citizen's arrest. Leaf had been photographed standing next to William Null, one of the men later charged in the plot, at a Grand Rapids rally that was organized to protest Whitmer’s executive orders on COVID-19.
Heikkila later told news agencies that he was the one who invited Leaf to the rally.