No criminal charges will be filed against Berrien County Commissioner Teri Sue Freehling related to potential conflicts of interests with county drain commission contracts for which her late husband was renting out the equipment. Prosecutor Michael Sepic says he will not authorize misdemeanor charges in the case, saying that proving beyond a reasonable doubt that she knew the full extent of the money being paid to Patrick Freehling by Hartzler Excavating over a two-year period would be “too great.”
The prosecutor says Freehling did disclose during county board meetings that her husband was involved in renting equipment to Doug Hartzler, but “not to the full extent of the actual involvement” and adds Mr. Freehling also filed an LLC to insulate her from the over $400,000 made. Commissioner Freehling has agreed through her attorney to acknowledge she should have researched and learned the extent of her husband’s interest in drain commission contracts and disclosed that to the county board.
Sepic says she has also indicated she will do that going forward for any interest she or close relative might have in continuing to rent heavy equipment machinery to drain commission projects. The prosecutor writes in a statement due to that, he’s not filing charges and adds there has been no other information from the MSP investigation suggesting a need for “further inquiry into any related manners.”
A related civil lawsuit against Commissioner Freehling, the estate of Patrick Freehling, and Berrien County Drain Commissioner Christopher Quattrin is still pending. That suit was filed by Hartzler Excavating owner Doug Hartzler in July, and a hearing was held on a motion to dismiss earlier this month.
