Former deputy Zofchak’s attorney questions credibility of alleged sex assault victim

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FLINT (WJRT) (2/8/2019) - A Genesee County District Court judge sent former Sheriff's Deputy George Zofchak II to trial Friday.

Four witnesses took the stand, including the unidentified female victim who says Zofchak arrested her, took her to a motel in handcuffs and sexually assaulted her.

While the Judge admits there were some inconsistencies in the woman's testimony compared to what she told police, he said the prosecution proved probable cause for all three charges -- first-degree criminal sexual conduct, kidnapping and misconduct in office.

Zofchak's defense attorney, Jeff Foldie, said he assumed the case would go to trial. But, he believes a jury will rule in their favor.

The former deputy is accused of arresting the woman on Christmas Eve for shoplifting. But, instead of taking her to jail, she testified that they went to a motel in Vienna Township where she had been staying.

A patrol supervisor testified Friday that he stopped by the motel and saw the woman handcuffed sitting on the bed. Foldie said that was protocol, as Zofchak searched her home for weapons or drugs.

The woman had just admitted she was high on heroin at the time of the arrest. But, after the supervisor left, she said Zofchak forced her to commit a sexual act, which she said he told her not to tell anyone about.

Foldie said the act was consensual and what happened was just a moral lapse in judgment. He believes a jury won't find it criminal.

"My client has 11 years as a police officer. He's never been disciplined. I don't even know that he's been investigated," Foldie said. "You would have to believe, given the testimony of the complainant, that he blanked out and just went crazy. I mean, to avoid everything that his training taught him about evidence -- to uncuff her, to park the car in public?"

Foldie added the big win for them Friday was Zofchak's bond being significantly lowered to $225,000. The former deputy will now be out of jail on a GPS tether as the case moves forward.

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