BERRIEN AND CASS COURTHOUSE NEWS

NILES – This week’s court news includes the arraignment of a Three Oaks man for child abuse, the delay of the preliminary hearing for former Benton Harbor Superintendent Leonard Seawood and sentencings in Cass and Niles courts.
Bradley Eugene Penley, 33, of Sawyer, was arraigned last week in Berrien County Trial Court on a charge of first-degree child abuse. He remains in jail in lieu of $1 million bond and will next be in court May 4 for a hearing.
Michigan State Police reported that they responded to a call at a home in Weesaw Township last Thursday to investigate a suspected child abuse incident. The child, just three months old, was treated at Lakeland Hospital in St. Joseph for a skull fracture and then transferred to a Grand Rapids hospital for further treatment.
In the case against Seawood, his preliminary hearing has been delayed from today, April 27, to May 16, Berrien County Prosecutor Michael Sepic said. The delay was caused by a scheduling conflict.
Seawood was superintendent from July 2010 to October 2015. He has been charged with one count of embezzlement $20,000 to $50,000, a 10 year felony, and obtaining money under false pretenses $20,000 to $50,000, a 15 year felony.
Seawood is accused of taking more pay for vacation days than he was allowed to by contract. His contract with the school district permitted a cash payout for a maximum of five unused vacation days each year. He is alleged to have been paid for 75 extra days in four years, receiving approximately $45,000.
In sentencings, a Benton Harbor man was sentenced to prison after shooting at an apartment building in Dowagiac.
Karl Kelvin Ross, 30, of North Shore Drive in Benton Harbor, pleaded guilty to five felony counts and was sentenced Friday in Cass Circuit Court to two terms of seven to 40 years in prison, two terms of six to 40 years in prison and one term of two years in prison. He must pay $1,820 in fines and costs.
The six and seven year prison terms are concurrent, while the two year prison term for use of a weapon in the commission of a felony is consecutive to the other four.
All five prison terms are consecutive to what Ross will receive for violating his parole from 2007 drug convictions. He has credit for no days served since he was on parole at the time.
The two seven-year prison terms were for discharging a firearm toward a building and assault with intent to do great bodily harm less than murder, both as a habitual offender. The two six-year prison terms were for carrying a weapon with unlawful intent and possession of a firearm by a felon, both also as a habitual offender.
The incident occurred more than a year ago on April 11,2016 at a building on Amerihost Drive in Dowagiac. Ross felt he had been ripped off in a drug deal and came back to shoot at the building where the people were.
Ross said he did not go to the apartment building with any intention to harm anyone. “I shot at the building, I did not want to hurt anybody,” he said. “I saw a dark apartment building and I shot at the building … I knew someone was in the house. I just wanted to scare them.”
Cass Circuit Judge Mark Herman said Ross’ actions could have “easily resulted in one or more deaths.” “Unfortunately this is not something new for you,” he told Ross. “You have an extensive record with convictions for home invasion, drugs and resisting and obstructing police. You have spent at least half of your adult life incarcerated.”
In Niles sentencings, a Benton Harbor man with six drunk driving convictions is going back to prison. Brandon Louis DePriest, 41, of Reggie Drive in Benton Harbor, pleaded guilty to third-offense drunk driving as a habitual offender and was sentenced to a prison term of 14 months to seven and a half years.
DePriest has credit for 40 days already served. He must pay $1,448 in fines and costs.
The incident occurred March 15 when DePriest was pulled over by police on an equipment violation at M-139 and Mechanic Street in Berrien Springs. His blood alcohol level was found to be .18, more than twice the legal limit.
Zachary Alan Kozlowski, 19, of Beebe Road in Niles, pleaded guilty to larceny from a motor vehicle and was sentenced to two years probation, 100 days in jail, $1,198 in fines and costs $900 restitution to Benton Harbor Area Schools. He has credit for 47 days already served.
He and two co-defendants broke into a car in a driveway at a home on Snyder Road and stole a laptop belonging to Benton Harbor Area Schools. Kozlowski also faces charges from similar incidents in Cass County.
“Don’t steal, don’t go on other people’s property,” Berrien County Trial Judge Angela Pasula told Kozlowski. “You are a young man, you have to turn your life around or you will be in jail or prison for a long time. It’s your choice and you’re choosing to break the law.”