BUCHANAN MAN RECEIVES HEAVY SENTENCE AS HABITUAL SEX OFFENDER; TAMPERING WITH TETHER LEADS TO DOWAGIAC MAN’S RETURN TO PRISON

NILES – A Buchanan man was sentenced to a long prison term this week for a crime that Berrien County Trial Judge Angela Pasula could only describe as “heinous.”
Victor Juan-Daniel Aranda, 28, of Days Avenue in Buchanan, pleaded guilty to two counts of first-degree criminal sexual conduct as a habitual offender against a girl under age 13 and was sentenced Monday in Berrien County Trial Court to two concurrent terms of 22 years to 70 years in prison.
The incidents occurred between April 2010 and February 2017 at locations in the city of Buchanan, Buchanan Township and Bertrand Township.
Aranda has credit for 80 days already served and must pay $1,766 in fines and costs. Seven other counts was dismissed as part of a plea agreement. His past record includes convictions for criminal sexual conduct and surveying an unclothed person.
“This ranks right up there with one of the most heinous crimes I’ve dealt with in my career,” Assistant Prosecutor Gerald Vigansky said. “Instead of being a protector he was a predator. He deserves every day of the 22 years. He deserves to rot in prison. He abused her over and over and over. He took videos and photographs of awful heinous acts.”
Defense attorney Scott Sanford noted that Aranda had himself been abused as a child with obvious consequences resulting with him perpetuating abuse on the victim. Sanford added that Aranda was very remorseful for what he had done.
Aranda said he needs professional help to deal with his anger and depression as well as his ADHD issues. “I take full responsibility,” he said. “I want to apologize to those I’ve let down and to (the victim). I’m asking for forgiveness. I can’t forgive myself, I’m very sorry.”
“This was a heinous criminal act that went on over a protracted period of time,” Judge Pasula said. “You devastated her life and robbed her of her childhood. What you did shows that you have a deep seated problem.”
“Having ADHD is not an excuse,” she added. “You had a choice. You always have a choice. You could have walked away and you didn’t do that. This was a betrayal of the worst kind. You shattered her youth and innocence.”
In a Cass County sentencing, a Dowagiac man will have the next year to think about his drinking and drug problems.
Louis Ureste Gutierrez, 47, of Maple Street in Dowagiac, pleaded guilty in July to tampering with an electronic monitoring device as a habitual offender and was sentenced last week to one year in the county jail. He must pay $1,548 in fines and costs. He has credit for no days served as he was on parole at the time of the incident.
His jail term is consecutive to any sentence he receives for violating his parole from an October 2015 sentence for tampering with an electronic device. His past record also includes a December 2013 prison sentence for third offense operating while intoxicated with alcohol or drugs.
Gutierrez tested positive for marijuana on May 17 but then fled from his probation officer and removed his SCRAM tether monitoring device. He was caught a month later by police. He has been on parole since October 2016.
Assistant Prosecutor Sarah Mathews said Gutierrez’s past record includes six felony and 19 misdemeanor convictions. She noted that a plea agreement between the prosecutor’s office and Gutierrez caps his jail time to one year.
“If it wasn’t for alcohol and marijuana, you wouldn’t be here,” Cass Circuit Judge Mark Herman said. “It’s not due to being on tether. You started drinking and using marijuana when you were 15. Those are the issues. You are hard working but you need to address your alcohol and drug problem.”