Request for out-of-county prosecutor denied for Jackson police officer accused of assault

JACKSON, MI – The Jackson County Prosecutor’s Office will continue to handle the case against a Jackson police officer accused of domestic assault.

Jackson County District Judge Allison Bates denied Thursday, Oct. 24 a motion from Jonathan Zachary Debczak requesting the Jackson County Prosecutor’s Office remove itself from the case.

Debczak’s attorney, Alfred Brandt, argued there could be a preserved conflict of interest, noting he had information the victim contacted the prosecutor’s office and was told to contact police.

“I have concerns we may have to call the prosecutor up as a witness to find out if this call happened before or after charging,” Brandt said.

Jackson County Chief Assistant Prosecuting Attorney Kelsey Guernsey disagreed, saying if a prosecutor can be called as a witness for being in contact with a victim, all prosecutors would have to recuse themselves.

Guernsey said while the prosecutor‘s office, under Prosecutor Jerry Jarzynka’s leadership, has in the past recused itself in cases involving police accused of committing crimes, that has not always been the case and the office is declining to recuse itself in this matter.

Running unopposed in the Nov. 5 general election, Guernsey is expected to to take over Jarzynka’s seat after he announced he would not be running for reelection.

Bates dismissed the motion finding many of the issues brought up in the motion would need to be explored further during a preliminary examination, which has been scheduled for Tuesday, Oct. 29.

Debczak, 38, was arraigned Oct. 14, on one felony count of assault with a dangerous weapon and one misdemeanor count each of operating while intoxicated endangering a child and domestic violence.

Related: Jackson police officer charged with felony assault, domestic violence

He is on paid administrative leave while the case, as well as an internal investigation, progresses, Jackson Director of Police and Fire Services Elmer Hitt said.

The alleged incident occurred Saturday, Oct. 12, when Jackson County Central Dispatch received an open line 911 call, and someone could be heard arguing with another person, Hitt said.

Brandt indicated during the Oct. 24 motion hearing Debczak, the alleged victim and a child were leaving a wedding reception.

Dispatchers determine the call was being made from a moving vehicle and were able to track the location to the area of South West Avenue near Audubon Avenue, and a Jackson Police Officer pulled over the vehicle, Hitt said.

The officer immediately recognized the driver as Debczak, who was off duty, and contacted a supervisor, who then contacted the Jackson County Sheriff’s Office to take over the investigation, Hitt said.

It is standard procedure to have an external police agency handle an investigation if an officer is accused of a crime, Hitt said.

Sheriff’s deputies conducted the investigation into allegations of domestic assault and operating while intoxicated, which led to Debczak’s arrest, Jackson County Undersheriff Christopher Simpson said.

Police did not release additional details.

Debczak is currently free on a $2,500 personal recognizance bond.

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