Update: On Nov. 17, Costello was found not guilty by a jury
Original story below
The Richmond Michigan Police Chief has withdrawn his no contest plea to a charge of intentionally misusing Michigan's LEIN law enforcement computer network after being sentenced to five days in jail.
New Baltimore District Court Judge William Hackel III sentenced Thomas Costello on a charge of LEIN Information - Unauthorized Disclosure, a 93-day misdemeanor on Thursday.
Richmond Police Chief Tom Costello spent part of Thursday inside the Macomb County Jail after sentencing.
But hours later, 7 Action News learned he was released after withdrawing his plea deal and asked for a new judge to take the case.
An emergency motion to withdraw the plea was filed later in the afternoon and was granted. Hackel then set a $500 personal bond in the case, which will be heard at a later date.
Soon after his release, his attorney Art Weiss spoke with us.
“He’s never going to get this day back. He spent a day behind bars and didn’t deserve to do that. It’s a travesty of justice,” Weiss said.
Prosecutors say the city’s top cop intentionally used the the LEIN system, Michigan’s computer network for law enforcement to lookup information on a mother without an active investigation and without probable cause.
We asked the Richmond City Manager Jon Moore what this means for Costello’s chief job.
“What do you say to your community when your police chief is in jail?” 7 Action News asked Moore.
“I’d say you’re in good hands with the Richmond Police Department,” Moore said.
Costello initially reached a plea deal with prosecutors after being charged for illegal use that allegedly happened back on June 1, 2022.
Today’s developments are still being processed by Richmond residents.
“Makes me lose more faith in government that I already had which isn’t a lot,” said Richmond resident Donielle Weiss.
“I still feel he should definitely stay chief. He did what he did. Everybody makes mistakes at work,” said Richmond resident Jason Gotti.
Early Wednesday, Judge Hackel III expressed displeasure with the case and Costello for offering no apology in court.
Prosecutors say the deal would have allowed one year probation and eventual removal from his record.
The complaining witness said the incident caused her trauma, anxiety and eventually led to her moving.
We’ve reached out to Judge Hackel III for comment.
In the meantime, Costello, who became chief in March 2022, will return home as his attorney says “we had an agreement. The plea relied on that agreement and him doing five days in the Macomb County Jail was not part of that agreement.”
“Did he betray trust of citizens? I do not believe he did,” Moore said.
Costello has been the chief since March 2022 after he worked 20 years in the Center Line Police Department. He was placed on leave for a time after the allegations came to light.
The Richmond City County and City Manager put Costello back on the job effective September 1, 2022. In a memo to the Police Department, Costello was restricted from using the LEIN while the court process continued.
The allegations of misuse emerged in August 2022 from a woman in nearby Washington Township who went to the police in Romeo who directed her to the Macomb County sheriff.
The investigation report from the Macomb County Sheriff says Costello admitted to running information for a female dispatcher who has an adult son in a child custody issue, that Costello, “took it upon himself to run___ through LEIN to possibly find her new address."
