A Buchanan woman who absconded from the Swift & Sure probation program earlier this year has lost her chance to stay out of prison.
Melissa Elizabeth Hoff, 23, of North Red Bud Trail in Buchanan, was sentenced last week in Cass Circuit Court for violating the terms of her probation from her July 15, 2016 conviction on two meth-related charges. The original incident occurred Dec. 10, 2015 on U.S. 12 near Edwardsburg.
Cass Circuit Judge Mark Herman sentenced Hoff to four to 10 years in prison for maintaining a drug lab and delivery/manufacture of a controlled substance. Hoff has credit for 314 days already served. The four-year prison term is at the midpoint of Hoff’s original sentencing guidelines when she was given the chance on probation.
“The court favors treatment over incarceration but you’re not ready for treatment,” Herman told Hoff. “You’re not ready to change your life after a year and a half. You’ve been given every opportunity but if you don’t change your ways, you will see a lot more time in prison.”
Judge Herman and Chief Assistant Prosecutor Tiffiny Vohwinkle noted that Hoff violated her Swift & Sure probation numerous times between July, 2016 and March 17 of this year when she went absent without leave from the program. Those violations included threatening others, consuming alcohol and drugs and having contact with felons.
“She was extended an opportunity to better her life and make herself and the community better,” Vohwinkle said. “She has threatened people, had contact with a felon, consumed alcohol and drugs and was gone for eight months and now all of a sudden she wants to be back in the program.”
“Leaving her in the program doesn’t send the right message,” she added. “This is her fourth violation, she can get help in prison.”
Defense attorney Greg Feldman said Hoff left to do the right thing and take care of charges against her in Indiana and Illinois. “She tried to do the right thing but she did it in the wrong way,” he said. “I’d rather see her get treatment instead of going to prison.”
Hoff asked for another chance in the Swift & Sure program although she admitted she never gave it a chance the first time.
In other area sentencings, two men were sentenced for criminal sexual contact related charges in Berrien County Trial Court.
Raquel Garcia Gomez, 19, most recently of Chattanooga, Tenn., pleaded guilty to assault with intent to commit sexual penetration and was sentenced last week to 14 months to 10 years in prison. He has credit for 52 days already served and must submit to lifetime registry as a sex offender.
The incident occurred Oct. 15 inside the Quality Inn on South 11th Street in Niles. A 26 year old woman was accosted in a hallway and then dragged into a room where she was raped. Gomez was in the area working as a roofer.
Assistant Prosecutor Cortney O’Malley noted that the victim has been traumatized by the crime. “She has serious concerns about being alone, this has caused her to alter her lifestyle,” she said. “She is afraid of going out on her own.”
“This was clearly a very frightening experience, she was forced into a room and sexually assaulted. The defendant clearly took advantage of the situation and should be held accountable … To say that his sentence should be less because he is being deported does not give justice to the victim.”
Defense attorney Scott Sanford argued for a local jail sentence and cited the fact that Gomez will be deported back to Guatemala. He said his client was intoxicated at the time, does not speak English and was operating under the false impression that the victim was interested in him.
“Clearly you were a predator in this case and you used physical forced to rape the victim,” Berrien County Trial Judge Angela Pasula said. “The fact that you were intoxicated doesn’t lessen the seriousness of your actions. She resisted and said no and others told you to stop.”
A Niles teen who sexually molested a 13 year old girl is also going to prison.
Tyler James Haney, 19, of South 15th Street in Niles, pleaded guilty to third-degree criminal sexual conduct and was sentenced to 30 months to 15 years in prison. He has credit for 53 days already served and must pay $1,298 in fines and costs. He must also register as a sex offender.
The incident occurred at a park near Michigan and 15th Streets on the city’s east side.
“You took advantage of her, she told you to stop and you did not do so and you told her not to tell anyone,” Judge Pasula said. “This was clearly a betrayal of trust and a situation where you took advantage of someone significantly younger. The blame lies on you, not her or her relatives.”
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