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Cross pleads guilty
Published 11:05am Tuesday, April 19, 2011Ivery Cross, 26, waived his right to a preliminary examination Tuesday morning, pleading guilty to three charges of criminal sexual conduct in the 2nd degree and one count of misconduct in office.
Cross stood before Berrien County Judge Gary Bruce, who accepted the plea.
The prosecution dismissed the count of criminal sexual conduct in the 1st degree, which carried with it the possibility of a life sentence.
The former Niles police officer addressed the court in an attempt to remain free on bond. The bond was ultimately revoked and he was taken into custody once again pending sentencing.
“I’m the first one to admit I made a mistake,” he said. “It was a one-time mistake.”
Cross said he was trying hard to get his life moving forward, as he’s expecting a child with his current girlfriend, and he asked that be taken into consideration in the matter of his bond.
Bruce explained unless he could be confident Cross would not commit such crimes again, it was standard for bond to be revoked pending sentencing.
“I’m not a danger to your community,” Cross said. “I’m actually trying to repay society … I’m sorry to the victim.”
Cross’ attorney, Andrew Burch, also spoke on behalf of his client in an attempt to prevent the bond being revoked.
“It should be clear that this young man has a stellar past,” Burch said. “Not a stellar future but a stellar past.”
Inside the full courtroom, Cross admitted to the charges, saying on the night of March 17, he arrested the 19-year-old victim and lodged him at the Law Enforcement Complex, 1600 Silverbrook Ave., Niles. During that evening on two occasions, Cross said he touched the victim’s penis and on the second occasion also touched his buttocks.
Berrien County Prosecutor Steve Pierangeli challenged Cross’ claim that the incident was a “one-time” occurrence, saying there were text messages and a phone call that followed the incident between March 17 and March 25.
Later, Chief Prosecutor Art Cotter further explained those messages, saying Cross had set up a meeting with the victim, picking him up at a gas station and taking him to his house, apparently to have him masturbate in front of him.
It was when the victim arrived at Cross’ home, that he was patted down and Cross discovered a wire. The police then moved in and arrested him.
Cotter called the difference in possible sentences “significant.”
Each count of criminal sexual conduct carries a maximum sentence of 15 years. The prosecution and the defense agreed upon a minimum sentence range of between 36 and 71 months.
“This is a really outrageous, egregious crime by one-time officer Cross of the Niles Police Department,” Cotter said. “He clearly violated the trust that the department and the community placed in him and violated his oath of office to serve and protect the people, not abuse them in the manner in which he did the (victim).”
In regard to the evidence gathered against Cross, Cotter said the prosecution was able to obtain video that corroborated the victim’s statement and Cross’ own statement that he took the victim out of the holding cell on two occasions to a bathroom not far from the cell at the police department.
He deferred any question of whether there should be a critical look at the department’s operations to Niles City Police Department officials.
After his client was taken back into custody, Burch said Cross’ family was aware that he would waive the preliminary examination and that his client was aware there was a chance bond could be revoked.
“I didn’t think that this case called for it,” he said.
The severity of the charges, Burch did say, is elevated in matters of the “status of the players.”
Sentencing is scheduled for May 31, with a pre-sentence conference set for May 20.
So I guess this didn’t end being a race issue after all. Thank God he had the common sense to plead guilty, when he knew all along he was guilty! What’s silly is that his friends and family tried to play the race card, when it had nothing to do with the color of his skin! He is a criminal, plain and simple, who got caught! Guess too many people jumped the gun on that one didn’t they? Maybe this will teach all of us a valuable lesson, that just because a person of color has committed a crime, doesn’t automatically mean that they are innocent simply because they are of color! I am tired of this race card being played, as I’m sure others are as well. Mr. Cross just proved race had nothing to do with his crime, now the rest of his family and friends need to stop playing that card.
Wow! So the truth finally comes out!! Even though I was one who knew he was guilty from the start, I’m glad he admitted it. I’m glad that this crooked guy is no longer with the police department and facing criminal charges for this! His supporters should feel embarrassed right about now. Especially his girlfriend. I couldn’t imagine to be in her position! What a real piece of work. He deserves all of what he is going through for doing this! Glad he finally realized he is NOT above the law
Nilesgal,
I was going to leave a comment….but you took the words right out of my mouth!
Wow Im sure glad we have plea bargins, NOT. I think if you commit a crime you should be charged for your crime. I also think if a police officer commits a crime they should be charged double, my god if you cant trust the police… what happened to the tampering with evedence? what happened when he aparently wrecked a cop car while his licence was suspended?
His past is anything but “stellar”. He has been targeting the young adults in town for quite some time, pulling them over for “so called” traffic violations and then wanting to search their cars. Thank goodness he is off the streets and unable to hurt anyone else.
First off Nilesgal, the race card wasn’t really being played. Maybe if this happened down South, it’s ignorant to think that something such as the color of his skin would get Cross a charge that severe. Second you should feel some sympathy for whoever his supporters were. They were obviously friends of his, and like GOOD friends and GOOD people stood behind him. If you watched the video of Cross’ family after the sentencing, you would’ve notice how badly in disbelief they were. It’s because most everyone in the area, whether a supporter of Cross or not, couldn’t comprehend him doing this sort of act.
He claims it was a one time mistake. Yea right. I am willing to bet there are other victims. If they come forward we could keep this sex offender behind bars forever. Why do you think he put himself working with kids?
To the Victim I am sorry for your pain, you may have saved other future victims from this horrible act. Statics show sex offender have many victims before they are caught. You were very brave, and hope you example will lead other Male victims of these crimes to come forward. I am a female survivor and my molesters molested many many children and never being caught, because the family covers for the pedophile.
Apolice officer should never abuse his power like this, and howdid this guy make it by the testing. Oh I know they are very good at deception. Guess Mr. Cross met his match.
NilesKid12,
And I quote:
First off Nilesgal, “the race card wasn’t really being played”.
Are you kidding me?? His Mother and some relatives (who refused to be identified) talked about lynch mobs,guilty until innocent and RACE.
I did not have any sympathy for his supporters before his plea, because his supporters were loud-mouthed and creating a scene at the Niles courthouse. They were talking trash before the facts came out! Now what????
Don’t take my word for it…roll any tape from channel 16 or 22 news over that period of 3 days and you will see what I’m talking about.
Now that the truth came out, I do have sympathy for his victim, family, friends and supporters and Cross himself.
However, there are other ways to support Mr. Cross. Getting on TV and acting a fool is NOT one of them. They should feel bad.