Man bound over for trial on weapons charge; family claims state police harassment

Southfield — A 55-year-old man was bound over for trial Wednesday on charges of being a felon in possession of firearms, although the defendant's attorney and family claim the case is the latest round of harassment they've endured during a years-long dispute with a neighbor who is also a Michigan State Police supervisor.

The feud allegedly started in June 2019 over a neighbor's dogs urinating and defecating on Andre Hardaway's Lathrup Village property and, according to Hardaway's family and attorney, was the motivation for two police raids, one of which resulted in a shootout in March that ended with Hardaway and two troopers wounded.

Following a preliminary examination in Southfield's 46th District Court Wednesday, Judge Cynthia Arvant ruled that enough evidence had been presented to show Hardaway was in "constructive possession" of firearms that were found in his Lathrup Village home during a March 14, 2021 raid by Michigan State Police troopers.

MSP said they raided the house because Hardaway had violated a personal protection order that prevented him from visiting the workplace of the neighbor he'd been feuding with, MSP Lt. William Dawson, although he was later found to be there to fill out a records request, his lawyer said.

The raid was also based on an alleged attempt by Hardaway to ram his vehicle into another car, although he was never charged with that crime, according to testimony Wednesday.

Hardaway, who wasn't allowed to possess firearms due to a 2003 weapons conviction, wasn't home during the raid, and the guns found in the house were registered to his wife Carla Hardaway. But the judge ruled that Andre Hardaway had "constructive" possession, which according to Michigan law applies "if the location of the weapon is known and it is reasonably accessible to the defendant."

Hardaway's attorney Darnell Barton said after the hearing that the raid and subsequent charges "are part of a pattern of harassment that goes back years."

Barton claimed the alleged harassment is being directed by Dawson, who is Assistant Post Commander at the Metro North Post in Oak Park. Dawson was the Hardaways' neighbor in Lathrup Village until Barton said the cop's badgering forced the family to move to Detroit.

Michigan State Police 1st Lt. Michael Shaw responded Wednesday to the harassment claims with a text: "We will let the facts come out in court."

Hardaway used a wheelchair during Wednesday's hearing, with his right wrist handcuffed to the chair's arm. He is unable to walk because of the injuries he suffered during another MSP raid of his Detroit home on March 10 that ended with Hardaway and two troopers wounded during a shootout. The defendant is in the Wayne County Jail awaiting charges that include assault with intent to commit murder in that case.

Barton said the most recent raid was based on evidence troopers had gathered when they'd raided his house in Lathrup Village two years ago.

"They waited all that time to go into his house again," Barton said. "What does that tell you?"

MSP Sgt. Jeffrey Rodgers, who authored the warrant request for the March 2021 Lathrup Village raid, was the only witness during Wednesday's hearing, which was a continuation of the preliminary exam that started in June.

Rodgers said he based his request for a search warrant on his understanding that Hardaway had violated an order that he not visit Dawson's workplace, as well as on an alleged felonious assault with a vehicle.

Rodgers testified that he couldn't recall whether prior to submitting the search warrant request he'd read a report from a fellow trooper that said a witness hadn't seen any clash between two drivers during the alleged vehicular assault.

When Barton asked Rodgers if he knew prior to filling out the search warrant affidavit that Hardaway hadn't violated the PPO, but had instead gone to the MSP post in February 2021 to fill out a FOIA request, the sergeant again said he couldn't recall.

In Wayne County, Hardaway faces three counts of assault with intent to murder, one count of felon in possession of a firearm and four counts of felony firearm stemming from the March 10, 2023 raid of Hardaway's house in the 10200 block of Outer Drive in Detroit.

According to Wayne County Prosecutors, Hardaway allegedly fired multiple gunshots once officers were inside the house, injuring two MSP troopers. Police said they returned fire and injured Hardaway, prosecutors said in a release announcing the charges against Hardaway.

Nyrand Hardaway, the defendant's 20-year-old son who was home during the most recent raid, said the troopers fired the first shots.

"I had a clear view. They shot my dad as he was coming out of the bathroom, and I didn't see him with a gun," he said. "They shot him nine times, but they missed vital organs. They even shot at me, and I had to take cover. I didn't know who these people were; they were all masked up and dressed like military."

Nyrand Hardaway said his family has endured "constant harassment" since they moved into Lathrup Village in 2019 and first encountered Dawson and his friends on their block.

"We asked them to keep their dogs on their side, you know, clean up after your dog," he said. "We asked nicely, and it started escalating to the point where it got ridiculous, and he was getting the state police to harass us."

Nyrand Hardaway provided The Detroit News with doorbell video from Dec. 23, 2020 that shows Michigan State Police troopers walking up to their house, checking the front door and looking in windows, along with video from Oct. 30, 2019 showing four unknown men vandalizing a fence outside their house.

Other than saying the facts would come out in court, Shaw did not reply when asked by The News following Wednesday's hearing why MSP had gone to the house in December 2020.

"This has been going on for years," Nyrand Hardaway said. "My parents went to the Lathrup Village City Council to complain about it way back in 2019. They've filed a ton of police reports, trying to have their voices heard. Since then, it's been nothing but constant harassment and stalking."

ghunter@detroitnews.com

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