Officers plead guilty to misdemeanor

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Supporters stand in court behind former Grand Traverse Sheriff's Deputies Mark Noffke, left, and Robert Sillers as they are sentenced to fines and costs in 86th District Court on Tuesday after pleading guilty to a 90-day misdemeanor charge of neglecting to perform the duties of a public officer. Record-Eagle/Jan-Michael Stump
Deputy Mark Noffke
Deputy Robert Sillers

May 26, 2010

Sillers, Noffke didn't perform sobriety tests on off-duty officer

BY ART BUKOWSKI abukowski@record-eagle.com The Record Eagle Wed May 26, 2010, 08:30 AM EDT

TRAVERSE CITY — Plain-clothed police officers and others who support two fired Grand Traverse sheriff's deputies stood in unison as a judge called the pair to a court podium.

Robert Sillers and Mark Noffke stood before 86th District Court Judge John D. Foresman on Tuesday for sentencing on a single charge each of neglecting to perform the duties of a public officer, a criminal misdemeanor punishable by up to 90 days in jail.

Noffke and Sillers pleaded guilty for failing to perform sobriety tests on off-duty Traverse City Police officer Joseph Soffredine after he missed a curve on Cedar Run Road in Garfield Township and barreled into a wooded area Feb. 7 at about 3:20 a.m.

Foresman didn't impose jail time or probation, and instead sentenced each to about $550 in fines and costs. He suggested they already received tough enough punishment when Sheriff Tom Bensley fired them this month after a lengthy investigation.

"I'm not sure that losing your job is necessary, but I don't have anything to do with that," he said.

But Foresman admonished the two for their behavior, and said he understood that the law enforcement community has to take a "hard position" with their conduct. He suggested their behavior might have been influenced by the older, more experienced Soffredine's plight.

"You slacked on your duties ... So while I can understand how it happened, it can't happen, and it's wrong, and you guys have got yourself in some difficult situations because of that," he said.

Sillers and Noffke did not administer field sobriety or preliminary breath tests on Soffredine, nor did they cite Soffredine for driving with expired license plates. They listed icy roads as a cause of the crash on a report, though others on scene said the road was clear.

Their attorney, George Mertz of the Police Officers Association of Michigan, spoke on their behalf before Foresman sentenced them.

"Both these gentlemen realize their conduct on this occasion was improper; they've admitted what they did was wrong ... and they're willing to accept the consequences for that," Mertz said. "They both deeply regret their conduct in this incident, and they regret taking up the court's time."

Mertz asked Foresman to not impose jail time.

"Both of these gentlemen have experienced quite a bit of punishment already," he said. "They have been criticized very strongly in the press, their reputations have been damaged greatly in the community as a result of public comment that's arisen out of this incident. They both have been terminated from their positions as deputies; they've lost their careers."

Noffke and Sillers declined comment through Mertz after the sentencing. Mertz couldn't say if the two will attempt to stay in law enforcement or choose different career paths.

"We haven't even talked about that," he said. "We've been trying to get through this process first."

Bensley wasn't fazed by Foresman's comments about his decision to fire the deputies.

"That's the judge's opinion. Our decision was not based solely on the officers' conduct at the accident scene; there was more to it. That information we (can't release), but maybe if the judge saw that, he'd have a different opinion," he said. "He can say what he wants, we can disagree."