ADRIAN — After spending one week’s time in jail earlier in August for civil contempt of court charges, the husband of missing Lenawee County woman Dee Ann Warner was ordered to serve additional jail time during court proceedings Wednesday.
Lenawee County Probate Judge Catherine A. Sala found Dale Warner in criminal contempt of court due to continued obstruction and resistance to following the court’s orders pertaining to his responsibilities in working with the conservators appointed to look out for the best interests of Dee Warner’s assets.
Like Sala’s order that originally placed him in jail for civil contempt of court in August, Wednesday’s ruling was because of repeated instances of Dale “thwarting the efforts of the conservator of taking inventory and responsibility for the assets and interests of Dee Warner,” her ruling said.
More:Husband of missing woman Dee Warner jailed on contempt charge
Sala sentenced Warner to 93 days in jail for “multiple criminal actions taken against the estate of Dee Warner and for direct violation of the court’s Jan. 14, 2022, order,” she said. He was placed in handcuffs inside the courtroom and was escorted away by Lenawee County sheriff’s officers.
Upon his release, he is to serve probation for six months during which time he must pay fines, report monthly to a probation officer and follow all additional orders of the court.
He will also be assessed the maximum fine at $7,500 and must pay all attorney and conservator fees generated by his conduct.
“He will also be required to make the estate of Dee Ann Warner whole for his willful and knowing violation of this court’s orders,” Sala ruled.
Specific dates in the timeline of the conservatorship were reviewed by Sala in which Dale was found to have violated orders of the court.
The conservator was appointed on Sept. 15, 2021, as a means to inventory and secure all assets of Dee Warner that she might have an interest in, such as all real estate, business interests, equipment and other marital assets between herself and Dale, who are still legally married.
Dee went missing from her Munger Road residence in Franklin Township April 25, 2021. She has not been seen or located since the day before her disappearance. The Michigan State Police continues to be the agency in charge of investigating her disappearance.
The Jan. 14, 2022, court order was put in place indicating that Dale Warner had been attempting to sell, dispose of, transfer or otherwise diminish the investments of DDW Investments LLC, which is the trucking company owned solely by Dee. Aside from being a married couple, Dale and Dee were also business partners in several operations. They each had a 50% interest in all the businesses except for DDW Investments.
Another court order was issued Sept. 22, 2022, Sala said, concerning specific assets of War-Ag Farms as a result of Dale Warner’s actions.
“As the case progressed, there were numerous other issues,” Sala said. “Dale Warner’s refusal to cooperate with the conservator continued, incurring thousands of dollars in conservator and attorney fees taxed to the estate.
“…The following uncontroverted facts demonstrate repeated intentional violation of this court’s Jan. 14, 2022, order.”
DDW Investment funds were diverted to a new company, DDW Transportation, Sala said, which was established in August 2021. A Small Business Association (SBA) loan in the amount of $1.5 million, secured by Dale in November 2021 — two months after the conservator had been appointed and unbeknownst to the conservator — further compromised assets of the trucking company.
Dale’s conduct, Sala said, impeded the functioning of the conservator and therefore the court.
“There is no other way to describe this conduct than deliberate,” she said, noting many assets of Dee’s have been sold or have disappeared, which she called an “intentional scheme conducted by Dale Warner for his own profit and gain.”
Charles Bullock, the successor/conservator for Dee’s estate, called Sala’s ruling important, and said the family feels like Dale is being held accountable for his actions.
“We’ve had quite a bit of trouble having our orders followed,” he said. “Mr. Warner, I think, finally was forced to comply. Unfortunately, he’s going to have to serve 93 days in jail. I’m hoping that deters him in the future.”
In his role as conservator, Bullock said, Dee is not yet legally declared deceased. She is still considered a missing person and her assets must be maintained for the possibility of her return.
“At the end of the day, (Dale’s) provided things to us, but it’s been pulling teeth the entire time,” he said. “…Things have been moved around and that’s not the way this is supposed to work.”
An emotional Gregg Hardy, Dee’s brother, talked about his feelings after the court hearings Wednesday, citing a large number of people; family members and friends; present in the courtroom. The morning session of court consisted of the continuation of Dee’s declaration of death hearings to have her legally declared deceased.
More:Declaration of death ruling in Dee Warner case expected in September
The most important thing about Sala’s criminal contempt ruling, he said, was her decision wasn’t based on one violation, it was based on a number of violations.
“I don’t know how you could make a stronger ruling than Judge Sala made today in regard to the criminal contempt,” Hardy said. “I don’t think anyone could imagine any wiggle room in that.”
While waiting for Sala’s declaration of death ruling, which she intends to make within a week’s time, Hardy said some of the next steps in his sister’s case include pursuing a wrongful death lawsuit against Dale and “being very anxious for the prosecutor to make a move in this case.”
Dee’s family has been advocating for her to be declared legally dead after there has been no evidence brought forth of her still being alive.
According to the United States Social Security handbook, a missing person is presumed dead if they have been missing from home and not been heard from for five years or more. If someone wants to have a person declared deceased before then, claimants have a right to petition a court. Evidence must reflect that for a judge to make a ruling.
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Michigan State Police Detective Sgt. Daniel Drewyor, who is one of the lead investigators on the missing persons case for Dee Warner, testified last month that through MSP’s investigation of her disappearance since August 2022, his conclusion is that she is dead. The state police have also named Dale as a suspect in his missing wife’s disappearance.
“Based off of my experience and that of my partner and the training that the department has given us, Dee Warner is deceased,” he testified during court hearings Aug. 16.
Larry Leib, Dale Warner’s attorney, said Dale had nothing to do with Dee’s disappearance and Sala’s declaration of death ruling will put some closure on her missing person’s case for everybody involved.
“Mr. Warner doesn’t know what happened to his wife. He maintains his innocence since this first happened back in April 2021,” Leib said. “He did nothing wrong. I’ve said it many times, (Dale) wishes (Dee) would come back and explain herself. He loved her very much. They are still married, and he has no idea what happened.”
Because of there being no evidence of blood, hair follicles, no other DNA or a discovered body, it makes it difficult to prove Dee Warner is deceased, Leib said.
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