Traverse City Record-Eagle

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August 16, 2012

No charges for brawlers

Not enough evidence to charge men who crashed through store window

TRAVERSE CITY — No charges will be filed against two brawlers who crashed through a downtown antique store's front display window, a decision not sitting well with store vendors.

"This is the third time it's happened to us," said Jane Strauser, manager at Wilson's Antiques store along Union Street. "If you drink too much and get into fights ... you should pay for your behavior."

Grand Traverse County prosecutor Alan Schneider said there wasn't enough evidence to prosecute the two men who broke out the window while pummeling each other in the early morning hours of Aug. 2. The fight rekindled ongoing concerns about violence and boozed behavior in the 100 block of Union Street.

"Each participant claimed self-defense, and the investigation did not provide sufficient evidence to disprove either claim, which is our obligation," Schneider said. "There was obviously no specific intent to damage the window, and thus an essential element (for) malicious destruction of property is lacking."

Traverse City police said a 27-year-old man from Kingsley and a 24-year-old man from Kalkaska were fighting when they fell through the store's plate glass window during the fight. Strauser estimates the damage at $4,000, including the cost of the window and damage to a vendor's display.

The incident happened during the Traverse City Film Festival, which Strauser said is an important time for Wilson's given increased foot traffic in the downtown district. The store covered the broken out window with sheets of plywood. She said the store's insurance carrier will pursue civil litigation against the fighters to recoup the cost of the damage.

"There's no reason why we have to put up with this time after time," Strauser said. "The culpable people are the bars that serve them too much."

Store owners in the 100 block of Union Street said they regularly deal with property damage, urine and vomit on sidewalks from drunks rolling out of the bars at closing time.

"We assigned two officers on overtime last Friday night to that area, and we had no issues," Traverse City police Capt. Steve Morgan said.

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