BERRIEN COUNTY COURTHOUSE NEWS

Last week’s sentencings included prison sentences for area residents including one high profile case. Benton Harbor resident Terrance Shelby received a 13 and a half year prison sentence for second degree murder.

Shelby was convicted in January of second-degree murder in the 2016 death of teen Grady Manns after a jury trial. The case was tried before Berrien County Trial Judge Arthur Cotter with Chief Assistant Prosecutor Jennifer Smith representing the people and Buchanan attorney Lanny Fisher representing Shelby.

Judge Cotter sentenced Shelby Feb. 27 to a prison term of 13 and a half years for the second-degree murder charge and a consecutive term of two years in prison for possession of a firearm in the commission of a felony. Shelby shot Manns, a young man he didn’t know who his stepdaughter had invited into the Shelby home. Manns later died.

The case raised a number of issues including the police’s handling of evidence, self-defense and one’s home being one’s castle. The 13 and a half year sentence was the minimum allowed under the recommended sentencing guidelines, Fisher said.

In another case last week, a Buchanan worman was sentenced to prison for stabbing a man.

Rachel Lynn Haff, 31, of Arctic Street in Buchanan, pleaded guilty to assault with intent to do great bodily harm less than murder and was sentenced in Berrien County Trial Court to 38 months to 10 years in prison. She has credit for 206 days already served. She must pay $1,408 in fines and costs.

The incident occurred Aug. 5 against Chaz McGowen at a residence on North Red Bud Trail in Buchanan. McGowen was stabbed in the chest.

Defense attorney Shannon Sible said Haff suffered from mental health problems including bipolar and panic disorders. Haff took responsibility for her actions and said the medications and counseling she’s received in jail have helped her.

“This was an extremely violent act,” Berrien County Trial Judge Angela Pasula said. “It’s fortunate you didn’t actually take a life, it was sheer luck. The victim said he saw his life flash before his eyes. I understand that you’re bipolar, but that doesn’t excuse your behavior … How you deal with anger is a choice.”

Judge Pasula noted that Haff has been sentenced to jail four times and been on probation twice with the probation revoked each time. Three of her convictions were for assaults.

In other assault cases, two area residents received prison terms for assault.

Dustin Dokey, 30, of Woodruff Street in Niles, pleaded guilty to attempted assault by strangulation and was sentenced to 20 months to five years in prison. He has credit for 84 days served.

The incident occurred Dec. 6 when he assaulted a woman at a residence on Woodruff Street in Niles.

Judge Pasula noted that Dokey has 13 prior misdemeanor and two prior felony convictions. He has been sentenced to both prison and jail previously.

Matthew George Kusmiez, 30, of U.S. 31 in Berrien Springs, pleaded guilty to assault by strangulation and was sentenced to 18 months to 10 years in prison. He has credit for 80 days already served and must pay $1,098 in fines and costs.

The incident occurred between Dec. 6 at a residence in Oronoko Township. Kusmiez hit the female victim in the face with a phone, strangled her, punched her in the ribs and head and threatened to cut her head off.

“You’re 30 years old and repeating the same behavior all over,” Pasula said. “You don’t have the right to push or shove anyone … The purpose of this sentence is punishment which you deserve.”

The judge asked Kusmiez to imagine what how he would react if his young daughter was assaulted by a man when she grows up and starts dating. “A sorry and taking a couple of classes won’t do it,” she said. “What you are teaching your daughter is how men treat women.”

In a drunk driving sentence, a Benton Harbor man is going back to prison.

Domiro Demond Jones, 35, of Stern Place in Benton Harbor, pleaded guilty to third offense drunk driving and was sentenced Monday to 29 months to five years in prison. He has credit for no time served as he was on parole from another drunk driving prison sentence at the time.

The incident occurred Jan. 20 on M-139 and Linco Road in Oronoko Township. Jones’ blood alcohol level was tested to be .17 and .18 in separate tests, more than twice the legal limit. Jones’ previous drunk driving convictions occurred on July 15, 2014 and Aug. 5, 2014.