MACOMB COUNTY, Mich. – Richmond police chief Thomas Costello’s plea has been vacated after he was sentenced to five days in jail for misusing the police information network.
Costello is accused of intentionally using LEIN, Michigan’s computer network for law enforcement officers, to access non-public information without probable cause on June 1, 2022.
He was charged with unauthorized disclosure of LEIN information, which is a 93-day misdemeanor charge. He was initially placed on leave but had returned to serving as chief of police. Costello is accused of running the LEIN search for an employee.
He came to a plea agreement with prosecutors in which he would plead no contest and be sentenced to one year of probation and the charge would be erased from his record. The judge did not agree.
On Aug. 17, New Baltimore District Court Judge William Hackel III sentenced Costello to five days in jail. City manager Jon Moore said the decision came as a surprise. Moore named Sgt. Kacanowski as acting police chief.
“The city is surprised at the outcome of court today as my understanding both Tom’s attorney and the prosecutor were surprised as well. They’ve been working a long time on a plea and it was not our understanding that jail time was a part of that,” Moore said.
Just hours after that decision, the plea had been vacated and Costello had been bailed out of jail. Judge Hackel has recused himself from the case and a new judge will be assigned.
“Case law requires that the defendant is given an opportunity to withdraw his plea if a Judge does not abide by the sentencing agreement or seeks to set additional terms,” Macomb County Assistant Prosecutor and Chief of District Courts Kumar Palepu said.