By DEBRA HAIGHT
BCR Correspondent
NILES – This week’s court news includes a Michigan Court of Appeals ruling in the Michael Scott Barber case and sentencings.
Barber, 23, a Mishawaka resident, was convicted in 2017 of six charges related to his February 2017 assault on Michigan
State Police Trooper Garry Guild earlier that year. The Court of Appeals ordered last week that one of the six counts be vacated and Barber be consequently resentenced.
The Court of Appeals ruled that Barber could not be convicted and sentenced for both assault by strangulation and assault with intent to do great bodily harm less than murder. They vacated the great bodily harm conviction and sentence and remanded the case back to Berrien County Trial Court for resentencing.
Barber, now 23, was convicted by a Berrien County Trial Court jury in 2017 of six counts including assault by strangulation, assault with intent to do great bodily harm less than murder and resisting and obstructing police causing injury as habitual offender.
He was sentenced to 10 to 15 years in prison for the two assault counts, five to seven and a half years for receiving, concealing and possession of stolen property as well as for third degree fleeing police and two to three years for attempting to disarm a police officer. He received a consecutive prison of four to six years for resisting and obstructing police causing injury.
Barber’s convictions stemmed from a Feb. 20, 2017 incident began when Trooper Garry Guild attempted to pull Barber over on the U.S. 31 freeway between Buchanan and Berrien Springs on what turned out to be a stolen motorcycle.
Barber crashed the bike and then started attacking Guild along with his half-brother Trevor Wise who got out of a car trailing them and started choking Guild. Guild was assisted by two Good Samaritans, Jerry Burnham of Berrien Springs and Keith Pepple of Plainwell who helped him regain control of the situation before other police arrived.
In their ruling last week, the Court of Appeals stated that state law does not permit a trial court to punish a person for both of the two assault offenses mentioned above which are defined in the same statute. “Therefore, defendant’s convictions of assault by strangulation and AWIGBH for the same conduct violated the double jeopardy prohibition,” the court stated.
In sentencings, Jahari Lenoir, 21, of South Bend, pleaded guilty to armed robbery and was sentenced to 40 months to 10 years in prison. He has credit for 107 days already served and must pay $3,608 in fines, costs and restitution.
The incident occurred Nov. 30 at the Cash Advance store on South 11th Street in Niles Township. Lenoir and an accomplice put guns to the store clerk’s head and told her to open the store safe. They got away with over $3,000.
“The victim is here and she’s still a little on edge,” Berrien County Assistant Prosecutor Gerald Vigansky said. “This could have been a lot worse if their weapons had discharged. I saw the video of this incident and it’s totally terrorizing to see what she went through. Guns were held to her head and she was told to get into safe and she couldn’t.”
“I cannot explain why he did this, saying this is aberrational behavior is an understatement,” defense attorney Scott Sanford said. “He is a high school graduate and is working, he’s always worked. I think he was taken advantage of by others to do this. He’s acknowledging he made a horrible decision. He’s horribly sorry.”
“I’m kind of at a loss,” Berrien County Trial Court Sterling Schrock said. “This is the ultimate example of the importance of who you associate with. The lesson learned here is that you really need to be aware of and make good choices about who you associate with.”
Anthony Watkins, 67, of South Bend, pleaded guilty to first
degree retail fraud and was sentenced to 14 months to five years in prison with credit for 80 days already served, $198 in fines and costs and $1,518.06 in restitution.
The thefts occurred between August and December at Shelton’s Farm Market in Niles Township. He stole a number of items including meat and potatoes. Watkins also faces charges in St. Joseph County, Indiana.
“Your record speaks for itself, this is what you can expect,” Judge Schrock said. “Your attorney says you’re tired, then you have to make a decision on how to behave, you leave the court no choice.”
Berrien County Assistant Prosecutor Nick Deryke noted that Watkins has over 30 theft related convictions. “I think prison is actually appropriate,” he said. “I don’t know if the business will ever get restitution but he deserves punishment.”
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