COURT NEWS – 12-19-19

By DEBRA HAIGHT
BCR Correspondent

NILES – This week’s sentencing news includes sentences in both Berrien County Trial Court and Cass County Circuit Court.

George Melvin Dunn, 64, of Pipestone Road in Eau Claire,

pleaded guilty to attempted embezzlement of a vulnerable adult over $1,000 and less than $20,000 and was sentenced to five years probation, 270 days in jail with credit for nine days served, $17,748 in restitution and fines and costs. He cannot work in a job where he handle’s other people’s money.

Dunn was given a consecutive jail term of 30 days for contempt of court for having contact with his wife last week after her sentencing. Sherry Dunn called her husband over 20 times from the jail. She is scheduled to be sentenced today for violating her probation.

Sherry Dunn, 63, of Dean’s Hill Road in Berrien Center, was found guilty of embezzlement of a vulnerable adult over $1,000 and under $20,000 by a jury earlier this fall and was sentenced last week to five years probation, 180 days jail with credit for three days served, 200 hours of community service, $16,250 in restitution and $1,878 in fines and costs.

The couple rented a room from an elderly man in Berrien Township and took money from him, writing checks on his account to their own benefit. As Berrien County Trial Judge Charles LaSata noted Monday, the embezzlement left the victim, Hultreich “Rudi” Fitz, without money to pay his health insurance.

Judge LaSata noted that George Dunn has 35 prior convictions for everything from larceny, criminal sexual conduct and child abuse to possession of stolen property, drugs and weapons charges. “There’s not a segment of American society you haven’t victimized,” he said.

“You’ve been very efficient in finagling your way around people,” he added. “The law protects minor children and vulnerable adults. The victim’s doctor said he has issues with dementia and memory and you recognized that and victimized him … You’re just a despicable person.”

Dunn defended his actions. “The victim was the one who chose me,” he said. “There were some funds misappropriated. I did help him but what he wanted was not what I wanted. I pled guilty because I’m 64 years old and I can’t do 15 years in prison. If you asked the victim if he wanted me back, he would say yes.”

In another sentencing, a Niles man was sentenced to jail and probation for third offense domestic violence.

Dustin Smith, 33, of Hickory Street in Niles, pleaded guilty to third offense domestic violence and was sentenced to 30 months probation, 150 days jail, completion of the Tri-Cap program followed by 90 days tether and $958 in fines and costs. He was given a consecutive 30 day jail term for contempt of court for having contact with the victim.

The original incident occurred June 22 against his girlfriend at a home on Hickory Street. The victim reported at the time that he had punched and choked her. She said Monday that she forgave him and he had never hit her before-although she told others differently at the time.

Assistant Prosecutor Jane Wainwright said Smith has 16 prior misdemeanor conviction, several of them for assaultive behavior. “This was a very scary incident where he was choking her so bad that she had to run outside,” she said. “The neighbors heard him tell her he was going to kill her.”

In Cass Circuit Court, a Cassopolis man was sentenced to prison on drug charges after being convicted by a jury earlier this fall.

Richard Daniel Williams, 38, of Calvin Hill Street in Cassopolis, was convicted in October of delivery/manufacture of

meth, conspiracy to deliver/manufacture meth, possession of meth and maintaining a drug house-all as a habitual offender.

Last week, Williams was sentenced to two concurrent terms of seven to 30 years in prison on the delivery/manufacture charges and credit for time served, 223 days, on the other two charges. He must pay $1,752 in fines and costs.

The incident occurred May 4 when police executed a search warrant at Williams’ home in Calvin Township and discovered six bags of meth, syringes, scales, pipes, packing materials and other drug related items.

Williams’ co-defendant, Ashley Friske, was sentenced in October to probation and credit for time served on conspiracy to delivery/manufacture of controlled substances, delivery/manufacture of controlled substances and maintaining a drug house charges.