COURT NEWS

By DEBRA HAIGHT
BCR Correspondent

Last week’s frigid weather not only kept most people inside, it also wreaked havoc with court schedules. Both the Berrien and Cass county courthouses were closed for much of last week and court action in numerous cases was delayed.

One case that did get started last week was the trial of Antwan Mims

on two first-degree murder counts. A jury was seated last Friday in Berrien County Trial Judge Arthur Cotter’s courtroom and opening arguments and testimony were set to start Tuesday.

Mims, 40, of Benton Harbor, faces two counts of first-degree murder along with three other firearm related charges. He is charged in the March 25, 2018 incident in Benton Harbor which left Cortez Miller and Michael Johnson dead.

Police testified at the preliminary hearing that Mims said that Miller had a gun in his waistband and he got into a confrontation with both men outside a party at a friend’s home and shot them. No gun was found at the scene and Mims told police he threw his gun away in Ohio on his way south.

Mims was on the FBI’s 10 Most Wanted List before his capture in Georgia last July.

The John Benton Lewis trial was set to start this week with jury selection at the St. Joseph courthouse. The trial is scheduled to last 10 days before Berrien County Trial Judge Gordon Hosbein.

Lewis is accused of killing his wife at their Niles Township home in August 2017. He claimed that unknown males broke into their home and shot his wife and stole her vehicle. Police and prosecutors have said that Lewis was having an affair with another woman and had asked an acquaintance to bring ammunition to the home that day.

In sentencings, an Edwardsburg man is going to prison after pleading guilty to sexual assault related charges against an underage girl.

Joshua Lee Cutler, 29, of Edwardsburg, pleaded guilty to two counts

of assault with intent to commit sexual penetration and was sentenced last week in Cass Circuit Court to six to 10 years in prison. He must register as a sex offender.

The incidents occurred between September 2010 and November 2017 at locations in Cass County. Cutler was initially charged with eight counts including three counts of first-degree criminal sexual conduct and three counts of third-degree criminal sexual conduct which were dismissed upon Cutler’s plea to the two assault counts.

Cass County Prosecutor Victor Fitz said Cutler acknowledged his actions against the victim and apologized for what he did. Cutler said he himself had been molested in the past. Fitz noted that the victim’s statements were backed up by phone records as well as the testimony of at least one witness.

“These crimes affected her in many different ways, both physically and emotionally including others not believing her and blaming her for what happened,” Fitz said.

In Berrien County Trial Court, two men were sentenced on drug related charges.

Harley David Jackson, 38, of Hoyt Drive in Niles, pleaded guilty to second offense possession of methamphetamine and was sentenced to 16 months to 20 years in prison.

The incident occurred in July 2017 when the Michigan State Police’s Southwest Enforcement Team conducted an undercover operation on South 11^th Street in Niles Township. He also has charges pending in Cass County as well as in Indiana.

A Niles man was sentenced to probation and jail for maintaining a drug vehicle.

Andrew Michael Mazella, 20, of Cedar Street in Niles, pleaded guilty to maintaining a drug vehicle and was sentenced to two years probation and 30 days in jail. He must pay $1,198 in fines and costs. His license is suspended for 180 days.

The incident occurred Nov. 7 on U.S. 12 near Portage Road in Bertrand Township.

Berrien County Trial Judge Charles LaSata declined the request of Mazella’s attorney, Scott Sanford, to grant him Holmes Youthful Training Act status which would have kept the felony off his record if he was successful on probation.

LaSata noted that Mazella had five prior convictions as a juvenile. He told Mazella to be careful on probation and warned that he could send him to prison boot camp if he violates his probation.