COURT NEWS

By DEBRA HAIGHT
BCR Correspondent

         This week’s court news includes sentencings in both Berrien County Trial Court and Cass County Circuit Court as well as a Court of Appeals ruling in a nearly thirty year old murder case.

         Michael Johnson, now 56, was 17 when he killed Sue Ellen Machamer, a classmate of his at Lakeshore High School in Stevensville. Johnson pleaded guilty to second-degree murder later in 1980 and was sentenced to life in in prison with the chance for parole at some point.

         Berrien County Trial Judge John Donahue ruled last June that Johnson’s case should be treated the same as those involving “juvenile lifers” convicted of first-degree murder and sentenced to life in prison without the chance for parole.

The judge said Johnson should be resentenced to a specific term of years. He cited recent findings by doctors and other medical professionals about the brain development of juveniles as the main reason for his ruling.

Donahue’s ruling appeared to expand the scope and reach of the 2012 U.S. Supreme Court decision in Miller vs. Alabama. Justices ruled then and again in 2016 that juvenile offenders convicted of first-degree murder should receive life without parole sentences in only the rarest of circumstances.

Last week, the Michigan Court of Appeals ruled that the Miller U.S. Supreme Court does not apply to Johnson’s case and he was not eligible for a resentencing to a specific term of years.

Berrien County Prosecutor Michael Sepic had appealed Judge Donahue’s decision to the Court of Appeals and said last week that he was pleased with the ruling.

“We believe the release decision for Michael Johnson should be before the parole board,” he said. “Judge Donahue’s decision implicating the U.S. Supreme Court’s Miller decision was misguided and we are pleased the Michigan Court of Appeals agreed with our position.”

“Michael Johnson should be released when the Michigan Parole Board decides that reasonable assurances exist that he will not be a menace to society or public safety,” he added.

In Cass Circuit Court, a suspended Michigan State Police trooper was sentenced to probation and restitution after pleading guilty to one count of failing to keep public monies safe.

Binns, 30, of Cassopolis, pleaded guilty to one count of failing to keep public money safe in late May and was sentenced Friday to 18 months probation, $1,378 in fines and costs and nearly $19,000 in restitution. He cannot enter any casino, gamble online or buy lottery tickets.

Cass Circuit Judge Mark Herman noted that the restitution has already been paid on Binns’ behalf and ordered Binns to pay back the person as part of his probation. Judge Herman noted that Binns’ gambling addiction “snowballed” out of control over time to the point that he was going to the casino as often as twice a day.

With his sentencing, Michigan State Police officials reported that proceedings will start to separate him from his employment. MSP Public Affairs Manager Shanon Banner said state law requires a person’s license as a law enforcement officer be revoked once there is an adjudication of guilt to a charge punishable by more than one year’s imprisonment.

The embezzlement took place between January 2017 and September 2018 from the Central Cass Fire Department. Binns was assistant chief of the department and comingled his funds with the department’s. Binns said in May that he used the debit card he had for the fire department to fund his gambling addiction. Last week, he apologized for his actions.

In Berrien County Trial Court, the co-defendant of a man sentenced to prison in early June was given the chance to keep the felony charge of unarmed robbery off her record.

Shawntae Sell, 19, of Hills Haven in Buchanan, pleaded guilty to unarmed robbery and was sentenced under the Holmes Youthful Training Act to two years probation, 60 days in jail and $1,568 in fines, costs and restitution. She has credit for 35 days already served. If successful on probation, the felony will be taken off her record.

         The incident occurred Jan 17 when Sell and her boyfriend, Rashawn Bradbury’, robbed a Buchanan area youth who Sell had contacted via social media. She met the youth at JD’s Truck Stop near Buchanan when Bradbury came on the scene to rob him. Bradbury was sentenced June 3 to five years in prison.

         “This was a terrible crime, you lied to the young man, lured him and robbed him,” Berrien County Trial Judge Charles LaSata said. “I sent your co-defendant to prison and I’m not sure you don’t deserve it … The time for excuses is over, I’m going to hold you to a high bar. Any violation means no HYTA and possible prison.”

         Bryce Anthony Reybuck, 18, of Woodland in Buchanan, pleaded guilty to accosting a child for immoral purposes and was sentenced to five years probation, 60 days in jail, 90 days tether, $1,258 in fines and costs and registering as a sex offender. He cannot have contact with females under 17 and cannot have a social profile.

         The incident occurred Feb. 23 in Buchanan. Reybuck had a relationship with a 12 year old girl and the two sent nude pictures of themselves to each other.