BERRIEN COUNTY COURT NEWS

NILES – A Niles man who hit his mother in the head with a hammer in early May outside JD’s Truck Stop on U.S. 12 was sentenced to prison in Berrien County Trial Court this week.

Michael Wayne Zimmerman, 28, of Edwards Street in Niles, pleaded guilty to assault with intent to do great bodily harm less than murder and was sentenced to three years to 10 years in prison. He has credit for 78 days already served and must pay $1,748 in fines and costs.

The incident occurred May 7 when he assaulted his mother, Shannon Winger, outside the truck stop at U.S. 12 and Mayflower Road after making her drive around the area. Zimmerman was found a few hours later walking on Chamberlain Road. He had been smoking methamphetamine the day before.

“You asked her to drive you and threatened her,” Berrien County Trial Judge Angela Pasula said. “You struck her in the head with a hammer, causing a skull fracture and eye problems. You caused significant and life altering injuries.”

Judge Pasula noted that Zimmerman had been to jail four times before and placed on probation twice with the probation revoked each time. “It’s time for protection of the public,” she said. “The court’s previous sentences haven’t captured your attention.”

For his part, Zimmerman apologized for his actions. “I’m going to try to take classes while I’m incarcerated,” he said. “I wish my mother was here so I could apologize to her.”

In another sentencing, a Buchanan youth involved in dozens of property damage incidents in the south county was sentenced to probation, jail and over $10,000 in restitution.

Austin Edward Andersen, 19, of Howe Lane in Buchanan, pleaded guilty to malicious destruction of personal property over $1,000 and under $20,000 and was sentenced to five years probation, 120 days in jail, 60 days on tether, 150 hours of community service and restitution to be determined later. He has credit for seven days already served.

The incidents occurred between Feb. 1 and April 30 at locations around Niles and Buchanan. Damage was made to cars, mailboxes, satellite dishes and other items.

Four of his victims spoke before sentencing. One woman said she had three tires slashed and her car defaced with profanity spraypainted on it. “He just laughed, he thinks it’s funny,” she said. “He needs to grow up.”

Another woman said that the damage Andersen caused to her car kept her from making an appointment and caused her to lose business and income.

Defense attorney Scott Sanford called his client’s actions “really senseless” with no rationale or excuse. Even so, he asked Pasula to consider putting Andersen on a special probation status to keep the crime off his record. Pasula denied his request.

Andersen blamed his actions on peer pressure and him not taking his medications. “I want to apologize to my many victims,” he said. “I feel horrible for what I did. I guarantee I will never be in front of the court again.”

Pasula said she was astonished by the number of victims who wrote victim impact statements about what had happened to them. “You went out on a whim and destroyed property and in many ways destroyed them,” she said. “You said you have an anger problem and you took it and made it a public problem. You went on a crime wave, terrorizing the community.”

A South Bend man was sentenced to jail for fleeing police and stealing tool sets from Lowe’s in Niles Township.

Thomas John Pasman, 33, of Whitcomb Street in South Bend, pleaded guilty to fourth degree fleeing police and retail fraud and was sentenced to 180 days in jail with credit for 47 days already served. He must pay $758 in restitution.

The incident occurred Aug. 2, 2016 when he stole two tool sets from Lowe’s and then fled from police at speeds reaching 100 miles per hour. He stole the tools to sell so he could buy heroin.

A Berrien Springs woman was sentenced to probation and jail after stealing credit cards and checks from the woman she was caring for as a home healthcare aide.

Holly L. Merkling, 34, of Old U.S. 31 in Berrien Springs, pleaded guilty to uttering and publishing and was sentenced to two years probation, 90 days in jail, $1,198 in fines and costs and nearly $14,000 in restitution so far. She has credit for 46 days already served.

She cannot work in any home health care situation, with senior citizens or in any position where she has access to other people’s money.

The incident occurred June 9 when she cashed checks stolen from the woman she was caring for as a home health care aide at area credit unions and used the woman’s credit cards. Merkling also faces similar charges in Indiana.

Judge Pasula called Merkling’s actions “reprehensible”. “This was a very selfish act, you showed no regard for your fellow man,” she said. “You had an ethical responsibility to as you were being paid to care for her.”

The judge noted that it is not the first time Merkling has been in trouble, with past convictions for stealing. “You had the opportunity to complete the drug treatment court program and turn your life around,” she said. “Instead, you’re back here and have abused a vulnerable adult.”

For her part, Merkling said she was appalled by what she did. “I’m appalled by my decision making,” she said. “This is not me, this is not who I am. I feel horrible. I’m genuinely sorry.”

Assistant Prosecuting Attorney Jerry Vigansky said the 85 year old victim didn’t realize what Merkling was doing and now has to worry about how she will have money to live and have a decent burial. “You can’t get any lower than this,” he said.