ACCESSORY TO MURDER CHARGE DROPPED, ACCUSED GETS AWAY WITH SMALL SENTENCE

By DEBRA HAIGHT
BCR Correspondent
         NILES – Recent sentencings in Berrien County Trial Court and Cass County Circuit Court include those of a Stevensville woman accused of tampering with evidence associated with a November homicide in Eau Claire and of a Niles man charged with drug and weapon offenses.
         Elizabeth Deanne Harper, 43, of Stevensville, pleaded guilty to tampering with evidence and was sentenced last week to two years probation, 180 days in jail with credit for 84 days served, 100 hours community service and $678 in fines and costs.
         She initially was charged with being an accessory after the fact related to the Nov. 2 shooting death of firefighter Chad Medlin after an altercation in downtown Eau Claire. That charge was dismissed as part of a plea agreement. Rigoberto Gomez is charged with open murder and five other felony charges in the homicide.
       According to the police report, Harper picked up Gomez after the incident and took him to her mother’s home near Coloma. She talked to sheriff’s deputies Nov. 3 and then on Nov. 11 when she admitted taking guns she found in the yard and throwing them away on her way to work.
         Harper expressed remorse for her actions, saying she was ashamed of her actions, had made a terrible mistake and had learned her lesson.
       “I apologize to the court, the state, the prosecutor, the sheriff’s department, my family and friends, the community I put in danger and the family of the victim,” she said.
         Berrien County Assistant Prosecutor Myrene Koch called Harper’s actions in hiding two guns and ammunition a “dangerous situation” that not only interfered in the investigation but put the community at risk. Koch noted that Harper discarded the weapons and the ammunition in an open area that others could access.
         Defense attorney Carri Briseno pointed out that this was Harper’s first felony conviction. “She was living a life where she would never think to do something this,” she said. “She’s spent a significant period of time in jail and has had time to think about her actions and the danger she put the community in.”
         “I’ve had a lot of people who say they’re remorseful and you can’t see any remorse,” Briseno added. “She’s expressed remorse since the first day I met her.”
         Berrien County Trial Court Judge Jennifer Smith said she took into account not only the danger of the situation but also Harper’s lack of much of a prior record, her remorse and the letters of support she received on Harper’s behalf. Harper’s only previous conviction was for drunk driving in 2023.
         Judge Smith noted that Harper has otherwise been a contributing member of society and crime free before the last two years. She did say however that she was concerned that nine days passed between the time Harper first talked to police and finally told them where the weapons were.
         “Those were nine days that others could have found the guns and the ammunition,” the judge said. “That would ad to what was already a tragic situation that was very serious. I know you had nothing to do with the initial homicide but the delay in telling police could have had an effect on the investigation.”
         “I have to take all that into consideration,” Judge Smith said. “I believe you are remorseful for what you did, but there has to be some sort of punishment. This sentence balances the weight of a serious case with the fact you have no prior serious record and you showed remorse.”
       For his part, Gomez faces six felony charges: open murder, assault with intent to do great bodily harm less than murder, assault with a dangerous weapon and three counts of use of a firearm in the commission of a felony. His pre-exam conference is set for Feb. 19 and a preliminary hearing on Feb. 25 in St. Joseph.
       The incident occurred shortly after midnight on Nov. 2 when Berrien County Sheriff’s Deputies were called to downtown Eau Claire on reports of an altercation and a shooting at the intersection of Main and Elm Streets in the village. They found Medlin unresponsive as well as another man who was injured. Medlin later died at the hospital.
       Heith Bradley O’Donnell, 48, of Woods Edge Drive in Niles, pleaded guilty to two drug charges and two weapon charges and was sentenced to concurrent prison terms of six to 20 years, three to 15 years and one to five years as well as a consecutive two year prison term.
         The six year prison term is for delivery/manufacture of 50 to 449 grams cocaine, the three year prison term is for delivery/manufacture of 200 or more marijuana plants and the one year prison term is for possession of a firearm by a prohibited person. The two year consecutive prison term is for use of a weapon in the commission of a felony.
         O’Donnell has credit for three days already served and must pay a total of $7,902 in fines and costs. His weapons were also forfeited.
         The incident occurred Aug. 10, 2023 when members of the Southwest Michigan Drug Enforcement Team went to O’Donnell’s home on Reum Road near Niles as well as another property he owned in Niles Township.
         Cass County Circuit Court Judge Mark Herman noted that police found cocaine, marijuana plants and related products, weapons, a 1966 Thunderbird, cell phones, a stolen vehicle and thousands of dollars in cash.
         “This has been a waste of an adult life,” Cass County Prosecutor Victor Fitz said. “He doesn’t have an extremely extensive criminal record but his criminal behavior has impacted not just him but people in his immediate orbit and a large swath of Southwest Michigan.”
         Fitz noted that O’Donnell’s past record includes convictions for resisting police, weapons, battery and distributing marijuana and pointed out the trail of death and destruction associated with drug dealing.
Judge Herman said that O’Donnell knew the consequences of his actions since he had previously spent time in federal prison for marijuana distribution. He noted that O’Donnell could have faced a minimum prison term of 13 years except for the plea agreement reached between the parties.
         “It saved you a considerable amount of time in prison,” the judge said. “This will give you the opportunity to get out of prison while you’re still in your 50s and not in your 60s. If you go back to your old ways when you get out, it’s likely you’ll die in prison.”