Funeral home owner files malicious prosecution lawsuit against Michigan Attorney General

The owner of a funeral home in Ypsilanti is suing Attorney General Dana Nessel and a state agency for malicious prosecution, alleging he was charged with a crime he could not have committed.

O’Neil Swanson, of West Bloomfield, was charged in November 2021 with failing to dispose of human remains within the required 180 days.

In November 2021, Washtenaw County District Judge J. Cedric Simpson dismissed the case, saying prosecutors failed to provide evidence to support the charges.

Swanson’s attorney, Gregory J. Rohl, said his client was targeted for political gain and because he’s Black.

“Nessel, who has harbored a longtime feud against Swanson, initially charged him with a 10-year felony alleging that he failed to dispose of a body at his crematorium,” Rohl told Metro Times in a written statement Wednesday. “A simple review of records would have revealed however, that the body remains in question had been at the crematory business over 600 days prior to Swanson even assuming control of the business from its prior white proprietors.”

The charges are related to the remains of a woman who died in December 2018. The body was dropped off at Tri-County Cremation Services in Ypsilanti Township — more than a year before Swanson had an ownership stake in the facility.

Under state law, a body must be buried or cremated within 180 days.

The funeral director at the time, John Ozslewski, who is white, was never investigated or charged — even though the state’s Licensing and Regulatory Agency (LARA) knew the remains were not disposed of, according to the lawsuit.

The remains stayed at the facility until they were seized by LARA in June 2021. The family never recovered the body or secured the proper paperwork for cremation, according to the lawsuit.

LARA is also a defendant in the suit, which was filed in the Michigan Court of Claims.

“The state cannot allow conditions to exist for the creation of a crime,” Simpson said when he dismissed the charges. “LARA let this linger on and on and on until ... all of a sudden there was somebody who was in front of them who they may not like.”

Swanson tells Metro Times that the state’s actions made him lose his faith in the justice system.

“What’s really sad about this is that these people are supposed to be protecting citizens and making sure real criminals are held liable for their conduct,” Swanson says. “This case shows that is not always going on in our justice system. My belief is that the system is broken.”

Rohl said Nessel should resign.

“Aside from monetary recovery, the Swansons seek an apology from Dana Nessel and encourage her to step down as she is not fit to serve,” Rohl said.

Metro Times couldn’t reach Nessel’s office for comment.

Swanson also owns a now-vacant funeral home in Flint where urban explorers found the body of what appeared to be a metal scrapper in January 2020.

LARA suspended the mortuary science license for the Swanson Funeral Home in Flint in July 2017 after inspectors said they found unrefrigerated human bodies, maggots, blood-stained casket pillows, and an unsanitary preparation room.

Coming soon: Metro Times Daily newsletter. We’ll send you a handful of interesting Detroit stories every morning. Subscribe now to not miss a thing.

Follow us: Google News | NewsBreak | Reddit | Instagram | Facebook | Twitter