BERRIEN TRIAL COURT AND CASS CIRCUIT COURT NEWS

Court news last week included a number of sentencings in Berrien Trial Court and Cass Circuit Court.

James Howard Nichols, 27, of Broadway in Niles, pleaded guilty earlier to assault with a dangerous weapon, use of methamphetamine and second offense domestic violence and was sentenced last week to 18 months to four years in prison on the assault with a dangerous weapon count and jail terms on the other two counts.

Nichols received two concurrent 300 day jail terms for the meth and domestic violence charges and has credit for 52 days already served on all three counts. He must pay $1,298 in fines and costs.

Berrien County Trial Judge Angela Pasula ordered Nichols to get drug and mental health assessments in prison as well as anger management.

The incident occurred Oct. 29 at a home in Niles when he threatened his grandmother with a machete and also threatened his mother and stepfather.

Nichols’ grandmother spoke before the sentencing and asked for help for her grandson. “He needs a little help with his problem, I don’t think that prison is the answer, I don’t think prison will help,” she said.

Defense attorney Scott Sanford agreed, saying Nichols needed skills and structure to turn his life around and deal with his substance abuse problem.

Assistant Prosecutor Cortney O’Malley said she agreed with the prison recommendation, nothing Nichols’ 19 prior alcohol related convictions.

Judge Pasula noted that Nichols has a lengthy criminal record at age 28 and has only held down a job for six months. “At age 28, you’ve held a job once for six months, what have you been doing for the last 10 years,” she asked.

As for his criminal record, she noted that he’s been on probation four times with it revoked three times, been to jail 19 times and to prison once before. “You’ve ignored all the opportunities in the past for counseling and jobs,” she said. “You continue to ignore and violate orders.”

“Actions are what matter,” she said. “It has to start with atonement. Actions require more than an apology. You need to accept responsibility for your actions. If you really want redemption, you have to earn it.”

In another sentencing, a Benton Harbor man was given the chance to stay out of prison.

Lee Chess Roberts III, 26, of West Empire Avenue in Benton Harbor, pleaded guilty to possession of methamphetamine and resisting and obstructing police, both as a habitual offender, and was sentenced to three years probation in the Swift and Sure program, $1,908 in fines and costs and $200 restitution to the Dowagiac Police Department.

The incident occurred June 3 when Roberts was stopped by Dowagiac police on North Lowe Street for improper plates. Roberts gave police the wrong name and then ran from police. A meth pipe was found when he was eventually caught.

Roberts was previously sentenced to prison from a 2014 Berrien County sentence for larceny from a person.

“It’s clear he’s made some poor decisions in running from police and concealing his identity,” Hubbard said. “I hope he decides to make better decisions and address his issues.”

“Meth is your drug of choice,” Cass Circuit Judge Mark Herman said. “Prison is probably warranted but you asked me to give you another chance. I’ll give you two promises. If you take your probation sentence seriously, you can be a positive role model for your young son. If you don’t, I will send you to prison.”

Javier Escobedo, 28, of Dutch Settlement Road near Dowagiac, pleaded no contest in October to one count of first-degree criminal sexual conduct against a child under age 13 and was sentenced last week in Cass Circuit Court to 20 to 40 years in prison.

He has credit for 208 days already served and must register as a sex offender. He is to be on lifetime electronic monitoring.

The incidents occurred between November 2016 and June 25, 2017 at a home in Wayne Township near Dowagiac.

Assistant Prosecutor Thomas Hubbard noted that there was a plea agreement in place between his office and the defense. “The agreement was for a sentence of 20 years but he deserves more than that,” he said. “These were unspeakable horrors … He assaulted this child and groomed others. He’s made the choice to do this over and over again.”

The victim’s mother said her son doesn’t understand why it happened to him. “My son said he was too scared to tell anyone at first,” she said. “He’s been having nightmares every night, he’s afraid that the defendant will escape from jail and come and get him … He’s having a hard time in school and cries every day.”

Escobedo denied much of what the victim’s mother said. “90 percent of what she is saying is false,” he said. “I’ve taken care of children for a long time. The bad things are being said to generate more hate.”

“What you did was reprehensible,” Judge Herman said. “You shouldn’t be asking for a second chance on something that shouldn’t have happened in the first place … You’ve ruined many, many lives. I hope the families can someday heal.”