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Capricious

Violation brings 11-month sentence


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February 14, 2013
GROSSE POINTE FARMS - Mark Joseph Fragel's 6-foot-4, 240-pound frame is dwarfed by the patience he's worn out in Grosse Pointe Farms Municipal Court.

“Mr. Fragel, I hope you get yourself straightened out,” said Judge Matthew Rumora, sentencing Fragel, 29, to 11 months in jail for violating probation. “You're running out of chances.”


Fragel pleaded guilty Wednesday, Feb. 2, in Farms court to dropping dirty, meaning he failed a mandatory drug test by having cocaine in his system.

“He tested positive on Dec. 13, 2012,” said his attorney, Michael Lacey.

“He was on probation from us for domestic violence (in December 2011) against his father,” said Farms Detective Lt. Richard Rosati. “A condition of his probation was no use of drugs or alcohol. Failing a drug test violated him.”

Rumora sentenced Fragel to 11 months in jail, minus 79 days time served.

“That will conclude and close out the file since the maximum penalty has essentially been reached,” said Gary Bresnehan, principal attorney at the Wayne County Prosecutor's office.

Rumora confirmed Fragel's plea.

“Is that your understanding, Mr. Fragel?” Rumora said to Fragel.

“It is,” Fragel answered.

“Are you pleading guilty freely and voluntarily because you are guilty?” Rumora asked.

“Yes sir,” Fragel answered.

“Anybody forcing you to do this?” Rumora asked.

“No.”

“You admit you tested positive for cocaine on Dec. 13, 2012, and that would violate your probation in this case?”

“Yes.”

“I accept the plea,” Rumora said. “It's 11 months in the county jail. Credit 79 days concurrent with any other sentence. And we're going to terminate his probation without improvement. That is the sentence of the court.”

Fragel serves the sentence at the Ryan Reentry Center, formerly the Ryan Facility, in Detroit.

“It still serves as a low-security prison, mostly for parole violators,” Rosati said.


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