BERRIEN COUNTY COURT SENTENCES: ONE GOING TO PRISON, OTHERS GET PROBATION

NILES – This week’s sentencings in Berrien County Trial Court included a prison term for a Niles man who drove drunk and probationary terms for others including a man accused of criminal sexual conduct.
Mason Henderson, Jr., 37, of North Fifth Street in Niles, pleaded no contest to possession of a weapon under the influence, a misdemeanor, and third offense drunk driving which is a felony. He was sentenced to 93 days in jail with credit for 93 days served for the weapon charge and a prison term of 14 months to five years for the drunk driving.
He has credit for no time served on the drunk driving charge since he was on parole in Indiana at the time of the incident. He also faces another felony charge in Indiana. His Michigan prison sentence is consecutive to what he faces in Indiana for violating his parole.
The incident occurred Aug. 13 near the intersection of 14th Street and Merrifield Avenue in Niles. His blood alcohol level was found to be .20, more than twice the legal limit. The handgun found in the car, a 357 Winchester, was forfeited. There were two 10 year old children in the car at the time.
Berrien County Trial Judge Angela Pasula noted that Henderson has three previous jail sentences and five previous prison sentences. “You don’t think the rules apply to you,” she said. “You’re a habitual traffic offender. You had forfeited your driver’s license, why did you think it was okay to go out and operate a motor vehicle?”
Henderson’s past record includes Indiana convictions in 2012 for operating a vehicle after being suspended for life, in 2010 for possession of marijuana and driving while license suspended, in 2008 for possession of marijuana and in 2002 for resisting police.
Ramon Rodriguez, 37, of South 13th Street in Niles, pleaded guilty to two counts of fourth-degree criminal sexual conduct and was sentenced in Berrien County Trial Court to five years probation, 270 days jail, completion of the Kalamazoo Probation Enhancement Program and $1,558 in fines and costs.
He must register as a sex offender and was ordered to not have any computer or device capable of connecting with the internet. He can not reside or loiter within 1,000 feet of schools or 500 feet of parks. He has credit for 131 days already served.
The incident occurred July 13 at a residence in Niles Township after a party. A woman had fallen asleep at the residence when Rodriguez climbed on top of her and would not stop when she said no.
“You consumed quite a bit of alcohol, your blood alcohol level was .25,” Berrien County Trial Judge Angela Pasula said. “When she said no, you pushed on against her will. I think it’s appropriate to monitor your behavior.”
Rodriguez apologized for his actions.
In other sentencings, a Niles man who was found with a weapon in a car parked near the southern Riverfront Park boat launch received a sentence of probation and jail.
Chad Albert Carlyle, 22, of Howard Street in Niles, pleaded guilty to carrying a concealed weapon in an auto and was sentenced to two years probation, 60 days jail, $1,198 in fines and costs and completion of the Kalamazoo Probation Enhancement Program’s Jobs for Life program. He has credit for 21 days already served.
The incident occurred Sept. 29 off Bond Street in Niles. Carlyle was found in a car on a secluded dirt road near the southern boat launch and a handgun was found in the car. The handgun, a nine millimeter loaded gun, was forfeited.
“You had a backpack with a loaded nine millimeter gun inside and you were smoking marijuana in your car,” Judge Pasula said. “You said you were in the wrong place at the wrong time but you’re the one who chose where to be, who to spend time with and to use marijuana.”
“This is not a very good example for your young daughter,” she added. “You haven’t worked for a year, you are not supporting yourself or your daughter. That changes now. The choices you make are in your control 100 percent of the time.”