News Photo by Reagan Voetberg Judge Lora Greene of the 88th District Court in Montmorency County pictured on Friday.

ATLANTA, Mich. — Douglas Smith, 66, from Lewiston, appeared in court Friday at the 88th District Court in Montmorency County for his preliminary examination. Smith faces a series of felony charges and was bound over to circuit court.

It is alleged that Smith was caught carrying a concealed weapon without a license, using a fire department or emergency medical services emblems, and impersonating firefighter or emergency medical services personnel. He was also charged with possessing a firearm in the commission of a felony, and carrying a concealed weapon without a license.

Smith was represented by Attorney Christopher Parks. Prosecuting Attorney Vicki Kundinger represented the People of the State of Michigan, and Judge Lora Greene presided.

Kundinger opened the hearing by adding a fifth charge for reckless driving, which is a 93-day misdemeanor.

Smith was arraigned on the reckless driving charge and pleaded not guilty. His bond remains the same.

One witness, Conservation Officer Dan Liestenfeltz, was called to the stand. Liestenfeltz described the incident which occurred on Feb. 18.

Liestenfeltz said he was driving on County Rd. 612 in Montmorency County towards County Rd. 491 when a white vehicle with flashing red, white, and blue lights and a siren drove up behind him and passed him. Liestenfeltz said the vehicle appeared to be a fire truck. It had the word “rescue” on the back followed by some numbers. The vehicle also had a fire department emblem on the side, which Liestenfeltz said was about the size of a large grapefruit. He did not notice the emblem until the vehicle was pulled over.

Liestenfeltz said that the vehicle was going faster than the speed limit, which he clocked at 85 mph. He also described the driving as erratic. Other vehicles were pulling over to the side of the road as the truck passed, like they would for a first responder vehicle.

The driver of the vehicle blew through the stop sign at the intersection of County Rd. 491, slowing down but making no stop, Liestenfeltz said.

The vehicle pulled into the Lewiston Fun Ones parking lot, where Liestenfeltz initiated a traffic stop. Liestenfeltz spoke with the driver, identified as Smith, and asked him whether he was affiliated with fire, medical services, or law enforcement agencies in the county. Smith said that he was not, but that he was going out to a call to a vehicle in a ditch. He said he was dispatched by a friend, according to Liestenfeltz’s testimony. Smith said that he pulled into the Fun Ones lot because the call had been called off. He was the only person in the vehicle.

Liestenfeltz testified that he called Montmorency County dispatch to verify whether there had been a slide off into a ditch. Dispatch informed him that there had been no call for a vehicle slide off.

Liestenfeltz searched the vehicle and located a pistol in the center console. The firearm was unregistered and Smith did not have a CPL.

Liestenfeltz testified that in the state of Michigan, any person can have a private search and rescue entity.

He said that he gave the firearm back to Smith, who stored it back in the vehicle. Parks pressed Liestenfeltz over this testimony, saying that he should have confiscated the weapon. Liestenfeltz responded that given the totality of the situation, he did not feel that giving the weapon back to Smith would cause a threat to himself.

Liestenfeltz described Smith as a man of great character that made a mistake. He described other instances where he has come into contact with Smith out in the community.

Parks argued that because Smith told the truth when asked whether he was affiliated with a fire department or emergency medical services that he was not guilty of impersonating firefighter/emergency medical services personnel. Additionally, the emblem on the truck was small enough that it did not make the vehicle look like a fire truck. Parks took the meaning of fire truck to be like what one would typically imagine, painted red and with tanks on the back.

Liestenfeltz testified that not all fire trucks look like that, and that in some volunteer fire departments, volunteers may use a typical four-door vehicle to drive to emergencies.

Parks asked the court to not bind over the counts for impersonation and unlawful use of a fire emblem, as there was not sufficient probable cause.

Judge Greene bound over all three charges, explaining that Smith’s actions of turning on the lights and siren result in falsely informing people that he is fire personnel. Based on his actions, it would be reasonable to assume that he is acting in a legal or appointed capacity, she said.

Smith was arraigned on the charges at the conclusion of the preliminary examination. Parks pleaded not guilty on his behalf and asked to set the matter for jury trial. Smith will next appear in the 26th Circuit Court in Montmorency County at 9:45 a.m. on Sept. 22 for a status conference.

Reagan Voetberg can be reached at 989-358-5683 or rvoetberg@TheAlpenaNews.com