Update: Off-Duty Officers Who Allegedly Robbed Civilians, and Retrieved a Stolen iPhone, Charged

Wayne County Prosecutor Kym L. Worthy has brought charges against a three individuals, including two police sergeants, for the theft of an iPhone and an assault which followed.

According to the prosecutor's office, a 24-year-old Detroit man is charged with unarmed robbery and assault of the 16-year-old daughter of St. Clair Shores police sergeant Michael Notoriano, 42, about 9:30 p.m. July 20 on the 14400 block of Kercheval in Detroit.

The girl reportedly rode her bicycle with a male friend to a gas station. At the station, the man allegedly pushed her off her bicycle and grabbed her by the backpack. As he dragged her on the ground, he grabbed the iPhone from her hand and left the scene on foot.

The prosecutor's office stated that the phone had a “find your phone” application which showed that the phone was located in the vicinity of St. Clair and I-94. On July 21, Notoriano and Detroit Police Sergeant David A. Pomeroy, 47, - who were both off duty -located a car containing three Detroit men.

The two officers confronted the men at gunpoint, and the Detroit sergeant reportedly took a handgun and the iPhone from the vehicle and kept watch while the sergeant from St. Clair Shores took $300 and a bag of marijuana from the pocket of a 28-year-old man in the car.

Before releasing the 28 year-old, the St. Clair Shores sergeant struck the man in the face with a handgun, according to a release. The officers fled from the area in a pick-up truck.

The St. Clair Shores sergeant has been charged with armed robbery, two counts of unlawful imprisonment, two counts felonious assault, two counts of ethnic intimidation, felony firearm, willful neglect of duty (exercise of unlawful procedure), and two counts of failure to uphold the law (unlawful search, seizure and detention).

The Detroit sergeant has been charged with armed robbery, two counts of unlawful imprisonment, larceny of a firearm, willful neglect of duty (exercise of unlawful procedure, and two counts of failure to uphold the law (unlawful search, seizure and detention).

If convicted, both men could face up to life in prison.

Both men were arraigned in Monday in 36th District Court before Magistrate Sidney Barthwell, Jr. 

They stood mute and a not guilty plea was entered on their behalf. He set a Dec. 18 preliminary exam for both men, and exceed the prosector's bond request of $5,000 or 10 percent and set bond at $20,000 or 10 percent.

Both defense attorneys unsuccessfully argued for a reduced bond, stating that their clients were decorated officers and "deserve a personal bond" for their history of service.

"Mr. Notoriano has been a decorated officer and has stepped in the line of duty many a time to serve and protect the public," said Notoriano's defense attorney, Todd Flood.

"We cooperated on multiple occasions with the prosecution and assisted in this case," he added. "My client realizes with the microscope he is under right now by the media, he is not going to do anything to violate what you tell him to do."

Barthwell did not waiver, and stated he was "considering the magnitude of the charges" when setting the bond.

Conditions were also added to the bond stating that the men could have no contact with the witnesses in the case or visiting the locations were the crimes are alleged to have taken place; no possession of a firearm or leaving the state without permission.

According to Flood, his client is on unpaid leave from the St. Clair Shores Police Department. Both attorneys stated that their clients would post bond.

Following the proceedings, Pomeroy's attorney Mike Rataj said that the case would be tried in court, but stated that "the case is overcharged. Ultimately these officers will be exonerated."

Flood added that the case "shouldn't be charged. It is a house of cards."

"These guys have stood up to a lot of tough situations," Flood said. "When you get down to it, it is a sad state right now for these two fine men to be here."

Arraignment details for the 24-year-old Detroit man were unavailable according to the release.