FORENSIC AND MENTAL EVALUATION ORDERED FOR ONE ACCUSED TROOPER ATTACKER

Court action last week included a ruling on a motion in the case of two Indiana brothers who attacked a Michigan State Police trooper and the arrest of a Benton Harbor youth in the alleged sexual assault on a U.S. Postal Service worker.
Two Indiana half-brothers won’t be tried at the same time in May after Berrien County Trial Judge Angela Pasula ordered a forensic examination and mental health evaluation for one of them last week.
Michael Scott Barber, 21, of Mishawaka, and Travis Tyler Wise, 19, of Middlebury, are charged with assault with intent to murder and other counts in connection with the Feb. 20 attack on Michigan State Trooper Garry Guild on the U.S. 31 freeway near Buchanan.
Both Barber and Wise were in court last week with their attorneys for a hearing on two motions brought by the prosecutor’s office to consolidate the two trials and to amend one of the charges against Barber. Wise attorney Paul Jancha, Jr. argued a third motion, to have a forensic examination done on his client.
Jancha asked for Wise to be tested for both insanity and competency. He said Wise has been unable to give him factual information and otherwise assist him with his defense. He noted that Wise was diagnosed as intellectually disabled when he was four years old and receives social security disability.
Judge Pasula said she found sufficient basis to order the forensic examination to see whether Wise is competent to stand trial and able to be found criminally responsible for his actions.
She then ruled against Assistant Prosecutor Gerald Vigansky’s motion to consolidate the two trials. She said it’s doubtful that the forensic ruling on Wise will come back in time for him to stand trial in May with Barber. Delaying Barber’s trial to when the forensic ruling is back on Wise would affect Barber’s right to a speedy trial, she said.
Pasula said she would look at the preliminary hearing transcripts for Barber and Wise before ruling on Vigansky’s other motion to amend one of the charges against Barber. Barber is currently charged with attempting to disarm an officer by taking his Taser and Vigansky wants to amend it to attempting to disarm by taking the officer’s gun.
Barber attorney Scott Sanford said it was his understanding that the officer had already dropped his gun on the ground when Barber tried to grab his Taser.
Pasula said she will announce her decision on amending the charge April 19 when Barber will be back in court for a case conference. A status conference in the case is set for May 10 and the trial is set to start May 17.
Barber was observed speeding on the U.S. 31 freeway Feb. 20 by Michigan State Police Trooper Garry Guild. Barber eventually crashed his stolen motorcycle near the Niles-Buchanan Road exit. Wise then came up and put Guild in a chokehold when Guild was trying to handcuff Barber.
Guild testified in March that he was nearly lost consciousness before he was rescued by “Good Samaritans”, Jerry Burnham of Berrien Springs and Keith Pepple of Plainwell who stopped to help him.
In the other case, a Benton Harbor youth has been charged in the sexual assault of a postal worker. A hearing on whether to waive Matthew Kyle Griffis, 16, to adult court is scheduled for April 18 at 1:30 p.m. at the courthouse in St. Joseph.
He remains in detention at the Berrien County Juvenile Detention Center in lieu of $125,000 bond.
Griffis has been charged in Juvenile Court with kidnapping and second-degree criminal sexual conduct. Those charges carry maximum penalties in adult court of life in prison for kidnapping and 15 years in prison for the criminal sexual conduct.
The incident allegedly occurred March 31 at around noon on McAllister Street in Benton Harbor. The teen allegedly forcibly dragged a U.S. Post Office letter carrier to the side of his home and sexually assaulted her.

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NILES – A car crash last June on the U.S. 31 freeway near Berrien Springs that left a Hickory Corners man dead has sent an Elkhart man to jail.
Joseph Patrick Jeffery, 28, of Elkhart, pleaded no contest to a misdemeanor charge of moving violation causing death and was sentenced to two years probation, 210 days in jail, 150 hours of community service and $1,615 in fines and costs.
He must undergo substance abuse and mental health evaluations. He cannot drive a car and will have a 9 p.m. to 6 a.m. curfew when he is out of jail.
The crash occurred June 20 on the U.S. 31 freeway near the M-139 exit in Oronoko Township. Jeffery was travelling northbound in a Chevrolet Avalanche when he crossed the grass median and rumble strips, went airborne and then crashed into a southbound Ford van driven by Jason Morse of Hickory Corners, Mich. Morse was pronounced dead at the scene.
Morse’s wife and two daughters spoke before the sentencing. They said Morse’s death had turned their lives upside down and asked Jeffery for an explanation of his actions. Jeffery has said he doesn’t have a memory of the accident.
“He was my one true love and my soulmate,” Tamara Morse said. “We never went a day when we didn’t say ‘I love you’ to each other. He would give you the shirt off his back … I am angry, frustrated and confused. I hate what you’ve done … I want to know why you did this.”
“This is a day I’ll never forget. It’s a day when your careless negligence took our father and husband away. I hope you never have to feel your heart broken or the hearts of your children shattered. We’re in constant pain, the wound is so deep. Our lives are changed forever because of the poor decision you made.”
Jeffery apologized for his actions. “I can’t imagine the pain you’re going through,” he said. “I would never do this intentionally. I wish I had the answers you guys need. I’m sorry. I would take his place if I could. I deserve the death penalty for what he suffered.”
Berrien County Trial Judge Angela Pasula noted that while no drugs or alcohol were found in Jeffery’s system after the crash, he was driving with a suspended license. “You ignored the rule of law, you were not supposed to be driving but you did,” she said.
“This was a very serious accident with very tragic results with the loss of life of the victim. Words cannot adequately describe the pain … As you can see, their wounds are deep. They will transform their lives but they are forever scarred.”
“Our system of justice doesn’t adequately address this kind of loss but it’s appropriate and necessary to address the criminal aspect,” she said. “… I do think that incarceration is appropriate.”