BERRIEN COUNTY COURT NEWS

NILES – A Buchanan man who was arrested twice in three months for drunk driving is going to prison. He was among a number of people sentenced this week and last week in Berrien County Trial Court.
        Cole Thomas Castle, 23, of South Oak Street in Buchanan, pleaded guilty earlier to third offense drunk driving and was sentenced Tuesday in Berrien County Trial Court to one to five years in prison. He must pay $198 in fines and costs.
The third offense drunk driving incident occurred Oct. 26 when Castle rolled over his car on Portage Road in Bertrand Township. His blood alcohol level was found to be .265, more than three times the legal limit.
Tuesday, he was also sentenced for the earlier 2017 drunk driving charge. He was assessed $1,285 in fines and costs for driving drunk on Aug. 5 in Buchanan as well as 93 days in jail for contempt of court for violating his bond conditions by being arrested again for drunk driving on Oct. 26.
Berrien County Trial Judge Charles LaSata departed from the sentencing guidelines of zero to nine months out of concerns for public safety. “At 23 years old, you have seven alcohol related convictions,” he told Castle. “That’s ridiculous and it stops today.”
“We need to do something,” he said. “You got your third drunk driving charge while you were out on bond for your second drunk driving charge. We need to do something to capture your attention.”
LaSata noted that Castle could actually be out in 120 days. “You will spend 30 days in prison and then I have no objection to boot camp. You can be out after 90 days in boot camp and then be out on parole.”
Defense attorney McKinley Elliott said before the sentencing that he had warned Castle that he’s “on the edge of a cliff with a vertical drop.” For his part, Castle said he knows he’s lucky to be here after his car crash and wants to build a new life without alcohol.
In another sentencing, a Tennessee native who has had four criminal convictions in the 14 months he’s lived in the Buchanan area is going to prison.
       Walter Terell Wooten, 20, of North Red Bud Trail in Buchanan, was sentenced to 12 to 24 months in prison for resisting and obstructing police and attempted resisting and obstructing police causing injury. He has credit for 53 days already served and must pay $298 in fines, costs and restitution.
The incident occurred Dec. 1 at a location on Arctic Street in Buchanan.
“A prison sentence is appropriate given the frequency of your convictions, the fact that weapons were involved and you resisted police multiple times,” Judge LaSata said. “365 days in jail is not an appropriate sentence, that’s been tried without success.”
“If you treat officers with more respect and not act like as big a jerk as you have been, you may be able to go to boot camp,” he added. “You would spend 30 days in prison and then boot camp where you’ll be done in 90 days … Maybe when you get out you can get back to the Volunteer state.”
LaSata gave another young man a chance on probation but warned him he’s prison bound if he violates the terms of his probation.
        Julius White, 17, of Mishawaka, pleaded guilty to assault with intent to do great bodily harm less than murder and was sentenced to three years probation, 180 days jail and $1,318 in fines and costs. He has credit for 110 days already served.
The incident occurred Sept. 18 when he strangled his ex-girlfriend at Sixth and Howard Streets near downtown Niles.
LaSata noted that White has a terrible juvenile record with eight juvenile convictions. “I would love to send you to prison and boot camp but I can’t because you’re not 18,” he said. “The first violation you have, I will send you to prison. I think boot camp would do you good.”
“Right now, you have nothing going on, you dropped out of school and you smoke marijuana every day,” he added. “You’re going to get your GED and get a job. The days of laying around smoking dope and beating up women is over. It’s time you grew up and buck up. Since 2012, you’ve had conviction after conviction.”
In other sentencings:
Zachary Austin Colter, 21, of South Third Street in Niles, two years probation, 90 days in jail with the last 45 on tether, $848 for attempted assault with a dangerous weapon against a woman June 18 at a home in Niles Township.
Aaron Dhaene, 40, of South Bend, 60 days in jail, $258 for receiving, concealing or possession of a stolen motor vehicle, a Honda Civic stolen in Elkhart, Indiana, on Dec. 5 in Bertrand Township.
Kevin John McKenzie, 42, of North Fifth Street in Niles, credit for time served, $129.59 in fines, costs and restitution for illegal entry April 28, 2016 at a home on Mayflower Road in Niles Township.
Blair Allen Mitchell, 23, of Pearl Street in Cassopolis, two years probation, 120 days in jail with credit for 59 days served and the last 30 days on tether, $1,438 in fines, costs and restitution for retaining a financial transaction device without consent on April 30 at a home in Niles.