Sep 6, 2018
BAY CITY, MI — A 45-year-old Bay City man police allege angrily drove his car at another man, but missed him and instead hit another vehicle and a city-owned tree, has accepted a plea offer.
David A. Feinauer on Wednesday, Oct. 30, appeared before Bay County District Judge Mark E. Janer and pleaded no contest to single counts of assault and battery and malicious destruction of turfing more than $200 but less than $1,000, both misdemeanors. In exchange for his pleas, the prosecution is agreeing to dismiss a four-year felony count of assault with a dangerous weapon.
A no contest plea is not an admission of guilt, but is treated as such for the purposes of sentencing.
Janer told Feinauer to report to the Bay County District Court Probation Office and ordered him to receive an alcohol assessment.
By Feinauer pleading no contest instead of guilty, Janer had to rely on police reports to enter convictions on the record. Those reports indicate Kevin Kleiber called 911 on Thursday, Oct. 3, to report Feinauer had driven his car at him, tearing up his yard and striking a tree in the process.
Kleiber told police that his friend, Linda Skrzypczak, had come over to his house as she told him she wanted to get away from Feinauer, her boyfriend, who was drinking and being abusive. When Skrzypczak went to leave a few hours later, Kleiber walked her outside and saw Feinauer in his car, parked behind his own. Kleiber asked Feinauer if he could help him, and Feinauer shouted an expletive at him, he told police
Kleiber said he walked Skrzypczak to her vehicle, parked along 37th Street. Feinauer then pulled his car alongside Skrzypczak’s and started yelling at her, Kleiber told police. When Kleiber intervened, Feinauer tried backing his car into him, striking Skrzypczak’s car in the process, Kleiber said.
Kleiber yelled for Skrzypczak to drive away, and she did so.
“That’s when he floored it around the one tree, up the driveway and tried running me down in my yard,” Kleiber told police. “He was yelling out of his window, ‘I’ll kill you, (expletive).’”
Kleiber said he was shaken but uninjured.
After Feinauer pleaded, his attorney, Marcus Garske, asked Janer to lift the bond condition prohibiting contact between his client and Skrzypczak.
“He’s never drank since I’ve been with him,” Skrzypczak said from the witness stand. “He’s never abused me.”
Janer granted Garske’s request and lifted the no-contact order.
Janer is to sentence Feinauer, who is free on bond, on Thursday, Dec. 5.