ALLEGED ROBBER REFUSES TO ATTEND COURT; AVOIDS SENTENCING

By DEBRA HAIGHT
BCR Correspondent
NILES – Area residents have been sentenced to prison in recent action in Berrien County Trial Court at the Niles courthouse.
A former Buchanan High School janitor was sentenced to prison in Berrien County Trial Court for criminal sexual conduct against an underage girl earlier this year.
Jameson Nickolas DeCarlo, 24, of Buchanan, pleaded guilty to third-degree criminal sexual conduct and was sentenced last week to 35 months to 15 years in prison with credit for 123 days served. He must register as a sex offender and must pay $258 in fines and costs.
The incident occurred Jan. 29 against a 15 year old girl at a location in Buchanan. DeCarlo worked as a janitor at the high school for several months in 2024.

Berrien County Assistant Prosecutor Myrene Koch noted that the victim was 15 at the time of the incident and said she sent pictures of herself unclothed to DeCarlo.  Koch pointed out that DeCarlo could have faced additional charges of distribution of child sexually abusive materials and accosting a minor.
Defense attorney Carri Briseno said DeCarlo had had time to reflect on his actions. “He has had time to reflect and accept responsibility for his actions,” she said. “He pleaded guilty as charged and didn’t ask for a reduction. He plans to use his time in prison to reflect on his life, continue his education and get counseling.”
Briseno asked for a sentence at the bottom of the sentencing guidelines. The guidelines, which are advisory and not mandatory, called for a sentence of between 21 months and 35 months.
“I want to apologize to the victim and to the court,” DeCarlo said. “If I could, I would go back and change what I did but I have to live with the consequences.”
Berrien County Trial Court Judge Gordon Hosbein noted the age of the victim and the fact that DeCarlo was an employee of the high school. He said that he believed that a sentence at the top of the guidelines was a proportionate sentence.
A South Bend man who stole a motorcycle and then fled from police last August was sentenced to prison in late May at the Niles courthouse.
Tomas Herrera Biers, 44, of South Bend, pleaded guilty to third degree fleeing and eluding police, receiving, concealing or possession of a stolen motor vehicle and resisting and obstructing police and was sentenced to concurrent terms of 18 months to five years, 18 months to two years and 24 months to five years. He has credit for 20 days served and must pay $394 in fines and costs.

The incident occurred Aug. 2, 2024 in Niles. Biers stole a motorcycle and then fled from police, going up to 70 miles per hour on city streets.
Assistant Prosecutor Myrene Koch said that Biers’ actions posed a very serious risk to the community not only because of the high speeds but also because a firearm fell out of a saddlebag on the motorcycle. A member of the public found the weapon and turned it over to police.
Defense attorney Dan French agreed that it was a dangerous situation for everyone involved.
For his part, Biers said that he had not realized there was a weapon in the saddlebag. He said he fled because he was scared. “I made a mistake; I should never had gotten on the bike,” he said. “I ask for any sentence besides prison. I’m on the straight and narrow now. This was a mistake that will never happen again.”
“Some people can afford to make mistakes but with your history you can’t do that,” Judge Hosbein said. “The guidelines leave me no choice. I don’t find any substantial or compelling reason to deviate above or below the guidelines.”
A Stevensville woman involved in the robbery of JD’s Truck Stop last December was sentenced to probation. Her co-defendant, Todd Forker, Jr., was not sentenced as he refused to be transported from the jail to the Niles courthouse Monday.
Gina Lee Stevens, 50, of Stevensville pleaded guilty to 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.
The incident occurred in the early morning hours of Dec. 21 at JD’s Truck Stop off of U.S. 12 in Bertrand Township. Stevens did not go into the building but drove the getaway car.

Judge Hosbein said he ordered an extra 60 hours of community service above the 40 hours of community service originally recommended instead of giving Stevens 60 days in jail. “I can always impose jail time later,” he said. “Since she is engaged in rehabilitation and is sober, I don’t want to set her back.”
Defense attorney Caitlin Locke said that Stevens hasn’t used drugs since the time of the incident, has taken substance abuse classes, undergone counseling and has had no issues while out on bond. Stevens has written a letter of apology to the store clerk who was robbed.
Locke said that Stevens got addicted to heroin after she had started taking medical marijuana to ease her pain. “She was given heroin in 2022 and was immediately hooked,” Locke said. “She did this because she needed money to feed her addiction. There is no excuse for what she did and she knows it was wrong.”
Stevens said she took full responsibility and accountability for her actions. “I hate myself for what happened, I never wanted her (the clerk) to have to go through this,” she said. “I’m sorry, I want to continue to get better, I absolutely hate and despite drugs. I wish my pain didn’t exist.”
Judge Hosbein said that while Forker actually committed the robbery, Stevens had a role in the situation by driving the car. “I’m glad that you’re sober, I hope you keep that up,” he said.