BERRIEN COUNTY TRIAL COURT NEWS

By Debra Haight

NILES – A summer crime spree at bank and credit union locations throughout the county has landed a Niles man in jail.
Nathan Andrew Phillips, 25, of James Street in Niles, pleaded guilty to two counts of uttering and publishing and one count of unlawful use of an automobile and was sentenced Monday in Berrien County Trial Court to probation, jail and more than $10,000 in restitution.
Phillips was placed on five years probation in the Swift & Sure Program, 240 days jail, 180 days tether, $10,621.39 in restitution and $1,898 in fines and costs. He has credit for 68 days already served. He can serve the remainder of his jail term in the Kalamazoo Probation Enhancement Program.
The incidents occurred between July 30 and Aug. 15 at Chemical Bank and United Federal Credit Union locations throughout the county. Phillips would pass no account checks through the bank and credit union by depositing checks, taking most out in cash and putting a small amount in a savings account.
Chemical Bank locations he visited included branches on Cleveland Avenue near St. Joseph at Orchards Mall in Benton Township and at branches in Niles and Niles Township. He then took a U Haul truck from Pete’s Marathon in Niles and fled to South Carolina to avoid arrest.
Berrien County Trial Judge Angela Pasula warned Phillips that this is his last chance to stay out of prison. “I’m putting you on probation,” she said. “If you don’t turn your life around, you’re going to prison.”
“This was truly a crime spree, you wrote eight separate bad checks that you deposited and then withdrew money. This was premeditated, well thought out and very methodical. You then rented and picked up the truck and left.”
Pasula noted that Phillips has been on probation before and had it revoked, been to jail two times and prison once as an adult. He also had five theft-related juvenile offenses. “You have not learned from your mistakes and bad behavior,” she said.
Phillips and his attorney, Albert Mais, said he suffers from a bipolar disorder and hadn’t been taking his medications recently. “I did very stupid things, I’m very sorry for what I did,” Phillips said. “I ask for one last chance, I need to get back on my meds … I messed up, I don’t want to be in this predicament again.”
In another sentencing, a Berrien Township man is going to prison after striking his wife with his car in late September.
James Leon Gaston, Jr, 45, of Deans Hill Road in Berrien Springs, pleaded guilty to operating while intoxicated causing serious injury and third offense drunk driving.
He was sentenced in Berrien County Trial Court to two concurrent prison terms. Berrien County Trial Judge Angela Pasula sentenced Gaston to a term of 20 months to five years in prison on the causing serious injury count and a term of 13 months to five years in prison on the third offense drunk driving count.
Gaston must pay $1,756 in fines and costs and will have his license revoked. A restitution hearing could be set within the next year if the victim requests it. He has credit for 46 days already served.
The incident occurred Sept. 29 in Berrien Township. Gaston’s wife, Sandra, 50, was walking on the roadway near the entrance to Shamrock Park when she was struck by a 2003 Chevrolet Cavalier driven by her husband. Sandra Gaston was taken to Bronson Hospital in Kalamazoo and reportedly remains paralyzed from the waist down.
Blood tests taken at the time found James Gaston to have a blood alcohol level of .25, more than three times the legal limit.
Monday, Gaston and his attorney, Shannon Sible, maintained that his actions were not intentional. “He is very concerned about his wife and about her getting rehabilitation and having a place to live,” Sible said. “He blames himself although he maintains it was not intentional.”
Assistant Prosecutor Cortney O’Malley had a different view. She said that there were witnesses who said they saw the couple fighting and who said they saw him backing up at a high rate of speed and hitting her.
“This is his first felony conviction but it is an extremely serious case,” she said. “The defendant was extremely intoxicated and he caused a life threatening situation for his wife.”
Judge Pasula said it was unclear to her whether Gaston struck his wife with his car intentionally or as the result of being under the influence “or a a little bit of both.” “You backed up at a high rate of speed and struck your wife,” she told Gaston. “She was thrown quite a ways and is possibly paralyzed by the waist down.”
“You initially lied about your actions,” she noted. “You’ve been to jail 10 times before and you have two prior drunk driving convictions. My first question is why in the world would you be back here again for drunk driving. It’s your responsibility to drive in a sober, responsible manner.”
“I am hopeful that your wife survives,” she said. “I don’t know if it will prove fatal but it is life altering and it could have been avoided. This was 100 percent under your control to drink and get behind the wheel.