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August 2, 2005Charlevoix AmeriCorps director arrestedByRecord-Eagle staff writer CHARLEVOIX - The head of the Charlevoix-Emmet Intermediate School District's AmeriCorps program apparently concealed a long history of felony convictions - including sex crimes with children - under a different name. "Unfortunately, this is a case of the system failing," said intermediate school district Superintendent Mark Eckhardt. School district officials fired Arthur Kirk, 70, of Charlevoix Township, as AmeriCorps director on Sunday, after Kirk's arrest on three firearms-related felonies. Charlevoix County Prosecutor John Jarema authorized charges against Kirk that include purchase and possession of firearms by a felon, false statements on a concealed weapons permit application and habitual offender - fourth offense. The habitual offender charge increases the potential maximum penalty to life in prison. Kirk was scheduled for arraignment in Charlevoix district court today. Sheriff George T. Lasater said an investigation began after Kirk applied for a concealed weapons permit in late May and submitted his fingerprints for Michigan State Police and FBI analysis. Kirk's fingerprints matched those of an Arthur Kirkeby of the same age with prior arrests on multiple felony counts going back to 1964, Lasater said. The Michigan Department of Corrections web site shows Arthur Heilberg Kirkeby convicted of first-degree criminal sexual conduct in Macomb County in 1981. He was sentenced to five to 25 years in prison, and was released in October 1986, having served five years, four months. Jarema said the suspect also was convicted of fourth-degree criminal sexual conduct in 1978, and for indecency with a child in 1974, both also in Macomb County. It was unclear Monday whether Kirk had legally changed his name from Kirkeby, or which of his surnames was an alias. Police recovered three handguns from Kirk's condominium during a search Saturday, Lasater said. Jarema said school employees such as bus drivers and substitute teachers are required to undergo fingerprint background checks, and he questioned why the same was not required of Kirk. "I want to find out how this person could be affiliated with the school system, how this could have happened," he said. Eckhardt said Kirk was an independent, contracted "non-employee" of the intermediate school district. Kirk started his "volunteer membership" with AmeriCorps, a national service organization, in Antrim, Charlevoix and Emmet counties in 2001, and later became the program's coordinator, Eckhardt said. The district first received an AmeriCorps grant in 1997 and established a school-based bullying prevention program, Eckhardt said. The district conducted a Michigan State Police criminal background check on Kirk prior to entering into a contract with him, Eckhardt said. The ISD submitted Kirk's name, driver's license number, Social Security number and date of birth. A search of the state sex offender registry was also conducted, Eckhardt said, and Kirk's name does not appear there. Eckhardt said district officials are "surprised and very disappointed" the state police background check did not turn up Kirk's criminal past. Officials will be in contact with state police and Michigan Secretary of State's office regarding the "deficiencies the ISD discovered," and will require FBI background checks on all AmeriCorps volunteers it utilizes, he said. The district already does state and federal background checks on all of its employees, he said. A magistrate set Kirk's bond at $10,000 at a hearing Monday. Kirk has been ordered to have no contact with children under age 17.
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