ST. JOSEPH – The man who fled from police on the U.S. 31 freeway in late February and then attacked a Michigan State Police trooper is going to prison for the next 14 years. Michael Scott Barber was sentenced last week in Berrien County Trial Court in St. Joseph.
Barber, 21, of Mishawaka, was found guilty of six counts by a Berrien County Trial Court jury in May. He and his half-brother, Trevor Wise, attacked Michigan State Police Trooper Garry Guild Feb. 20 on the U.S. 31 freeway between Berrien Springs and Niles when Guild tried to stop Barber for speeding on what turned out to be a stolen motorcycle out of Van Buren County.
Wise, 19, of Middlebury, was found competent to stand trial last week after the completion of a forensic examination. He is scheduled to go on trial on similar charges to what Barber faced in September. Wise was traveling in a car behind Barber and stopped to attack Guild while he was trying to arrest Barber.
“The trooper deserved your cooperation and respect,” Berrien County Trial Judge Angela Pasula said. “I believe you deserve the most severe penalty possible … There’s no two ways about it, this was a crime of true brutality. This went beyond disregard, you showed contempt.”
“You were on a stolen motorcycle and speeding and a danger to everyone. When Trooper Guild directed you to stop, you repeatedly would slow down and speed up in a blatant effort to evade him. Then you physically fought with the trooper and your brother joined in and strangled him.”
Pasula was skeptical of Barber’s statements Wednesday that he had no intention to hurt anybody. “I do understand what I did was wrong and I want to say I’m sorry for what happened,” he said. “It was a terrible, terrible decision on my part and I put everyone in danger … I never intended to hurt anyone, I only wanted to get away.”
“When your brother joined in to let you escape, you ran away and then turned around and came back,” Pasula said. “You were pulling on his (Guild’s) belt and punching him. That flies in the face of you saying you had no intention to hurt the trooper.”
“You reinserted yourself into the situation, it was really an act of nothing less than savagery,” she added. “Luckily two motorists disregarded their own safety and came to his assistance. But for their valiant intervention, it may have proved to be more dire and tragic.”
Pasula handed down two prison sentences of 10 to 15 years for assault by strangulation and assault with intent to do great bodily harm less than murder, five to seven and a half years for receiving, concealing and possession of stolen property, five to seven and a half years for third degree fleeing police and two to three years for attempting to disarm a police officer.
Those five sentences are concurrent with each other but are consecutive to the prison term of four to six years handed down for resisting and obstructing police causing injury. Barber was sentenced as a habitual offender. He must also pay $4,438 in fines and costs and $7,375 in restitution.
Pasula noted that all the sentences she gave are consecutive to any prison term Barber is given for violating his parole from a 2013 home invasion prison sentence. He also has three pending charges in Indiana. He has no credit for time served since he was on parole at the time of the incident.
Before the sentencing, Assistant Prosecutor Gerald Vigansky said he didn’t think Barber understands the seriousness of his actions. “He was more interested in blowing kisses to his girlfriend during the trial,” he said. “The people need to be protected from him. He needs to be punished and law enforcement needs to be shown that we care about them.”
Defense attorney Scott Sanford acknowledged that Barber doesn’t have a good criminal record but said his past problems have been more property crimes and substance abuse rather than assaultive behavior.
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