NILES – A Niles woman will spend the next 10 months in jail after breaking into her former stepfather’s home in Niles. Meanwhile, a Niles young man who took a man’s wallet from the Niles YMCA will get the chance to keep a felony off his record if he successfully completes a two year probation.
Denise Lee Mark, 48, of Broadway in Niles, pleaded guilty to third degree home invasion and was sentenced to 300 days in jail. She has credit for five days already served and must pay $750 in restitution.
The incident occurred Dec. 9, 2015 at a home on Clark Street in Niles Township. She stole a number of items including drills and saws, jewelry and cash.
Defense attorney Jason Engram argued unsuccessfully for probation. For her part, Mark said “it seems like everytime I try to get ahead, something happens.”
Berrien County Trial Judge Angela Pasula said she didn’t consider Mark to be a good candidate for probation. She noted that Mark has been on probation five times in the past and had it revoked two times. She has had two felony and 14 misdemeanor convictions and been to both jail and prison in the past.
“You have had ample opportunity to turn your life around and you haven’t made the most of it,” Judge Pasula said. “It’s time for you to get the message to not take property that doesn’t belong to you. The time for excuses is done.”
In another sentencing, Quincy Johnson, 20, of North Philip Road in Niles, pleaded guilty to two counts of obtaining a financial transaction device without consent and was sentenced under the Holmes Youthful Training Act.
HYTA allows a young person or first offender to keep a felony conviction off their record if they successfully complete a probation term.
Johnson was placed on two years probation, credit for one day already served, fines and costs of $858, restitution of $115 and 60 hours of community service. He must be on a 9 p.m. to 6 a.m. curfew and have no contact with any YMCA.
The incident occurred Feb. 10 when he stole a wallet belonging to Michael Studer at the Niles YMCA on Front Street in Niles. He stole both cash and credit cards and used the credit cards at the Niles Shell gas station and at the Niles Rite-Aid.
Defense attorney Kevin Banyon called Johnson “a bright young man” who has a clean record and is remorseful about his actions. He is attending Grace Bible College where he plays basketball. “This was a crime of opportunity and then he went a step further and used the credit cards he stole,” Banyon said.
Johnson apologized to the victim and to his parents.
“You have a lot going for you, what were you thinking,” Judge Pasula asked. “You had to think about what you were doing to take the money and cards and spend it. It’s stealing. People have the right to their own property. You don’t do this without thinking.”
“You took this wallet from the YMCA where the community comes together to do activities and went on a little bit of a spending spree,” she added. “It’s troublesome, but you have an opportunity to keep this off your record. Redemption is a not a gift, it’s something you have to earn.”
“I’m giving you an opportunity to work this summer and continue your education,” she said. “If you violate your probation, you’re going to jail.”
In Cass County sentencings, two area men were given jail terms for assault and drug sentences.
William Eugene Perrin, 30, of East Railroad Street in Dowagiac, pleaded guilty to domestic violence and/or knowingly assaulting a pregnant individual as a habitual offender and was sentenced to 365 days in jail. He must also pay $1,548 in fines and costs.
The incident occurred Nov. 6 in Mason Township at a location on Old 205 and Stateline Road.
Bryan D. Bailey, 36, of Chain Lake Street in Cassopolis, pleaded guilty to possession of methamphetamine and was sentenced to 300 days in jail and $1,548 in fines and costs. He has credit for 6 days already served.
The incident occurred July 8, 2016 at a location on Penn Road and Fox Street near Cassopolis.
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