ACCUSED NILES MURDER SUSPECT FOUND INCOMPETENT ONCE AGAIN

By DEBRA HAIGHT
BCR Correspondent
NILES – Recent court action in Berrien County Trial Court includes sentencings and a competency hearing for an accused Niles murder suspect. In addition, the man accused of driving drunk and killing a Berrien County Road Department worker in 2022 could be going to trial soon after a Michigan Court of Appeals ruling.
Taylor Ryan Johnson, 37, of Buchanan, faces a charge of driving while intoxicated causing the death of Berrien County Road Department worker. If convicted, he faces a maximum penalty of 15 years in prison and a fine of up to $10,000.

Johnson’s attorney appealed a decision last year by Berrien County Trial Court Judge Jennifer Smith to not throw out key pieces of evidence. Oral arguments were held May 14 before a three-judge panel. Defense attorney Jessica LaFond argued that the results of a preliminary breath test taken that day as well as a search of the “black box” from Johnson’s car should be suppressed because Johnson wasn’t read his rights.
Berrien County Assistant Prosecutor Michael Murphy claimed that there was evidence to do the preliminary breath test because the responding police officer smelled alcohol on Johnson. He added that there was probable cause to search the “black box” from the car.
The Michigan Court of Appeals ruled that they would reject the appeal. The three-judge Court of Appeals panel ruled against LaFond’s motion in both instances. They said that the police had reasonable cause to conduct a breath test and that the search of the “black box” was reasonable given the circumstances.
The trial for a man charged in connection with a 2023 homicide in the city has once again been delayed after he was again found incompetent to stand trial. Jamie Phillip Perry, 30, of St. Louis, Missouri, had been bound over for trial after a preliminary hearing in 2023. He is facing open murder and three other felony charges.
A forensic examination was ordered in the case in January, 2024 to determine if he was competent to stand trial on the charges. Perry was found incompetent to stand trial last August and had received treatment to become competent. He was found competent to stand trial in March but has since been found incompetent again.
Last week at another competency hearing, attorneys in the case reported that while Perry is not competent to stand trial now, the forensics center staff believe he can once again regain competency. The next competency review hearing is set for Sept. 8.

A Niles man who shot at a former co-worker at the Niles Speedway gas station last year was sentenced to prison last week in Berrien County Trial Court at the Niles courthouse.
Alonzo Dominic Davis, 40, of Niles, was found guilty of possession of a firearm by a prohibited person and using a firearm in the commission of a felony after a March jury trial. He was found not guilty of assault with intent to murder and unarmed robbery.

Davis was sentenced to 30 months to 90 months in prison and $258 in fines and costs on the possession of a firearm by a prohibited person charge and a mandatory consecutive two years in prison on the felony firearm charge. He has credit for 204 days on the felony firearm charge and must pay $68 on that charge.
The incident occurred Nov. 18 outside the Speedway station at South 11th and Fort Streets in Niles Township.
According to testimony at a November preliminary hearing, Davis confronted a former co-worker, Dontae Lavon Murphy, outside the gas station and the two struggled over Murphy’s gun. Davis is alleged to have taken the gun and shot at Murphy.
Murphy was treated at South Bend Memorial Hospital for a gunshot wound while Davis was treated at Corewell Lakeland Hospital in Niles for the injuries he received.
The man who robbed JD’s Truck Stop last December was sentenced to probation and jail a week after refusing to leave his jail cell to be sentenced.
Todd Forker, Jr., 30, of Stevensville, pleaded guilty to unarmed robbery and was sentenced to three years probation, 365 days in jail with credit for 153 days already served, $469 in restitution and $658 in fines and costs. He was ordered to complete the Tri-Cap or similar inpatient program and can serve the rest of his jail sentence there.
The incident occurred in the early morning hours of Dec. 21 at JD’s Truck Stop off of U.S. 12 in Bertrand Township.
Forker’s co-defendant, Gina Stevens, 50, of Stevensville, did not go into the building but drove the getaway car. She was sentenced last week for unarmed robbery and was sentenced to two years probation, credit for three days served, 100 hours of community service, $678 in fines and costs and $469.64 restitution.
Defense attorney Amy McDowell said Forker and Stephens were equally involved. “They were both equally involved,” she said. “Ms. Stephens said my client got her involved with heroin and that’s not true. She was already addicted to opiates and got her heroin from my client’s father.”
“Everybody understands that this was a crime of opportunity,” Judge Hosbein said. “They robbed the store to get money to buy drugs. They have to address the underlying issues of drug and mental health treatment.”