COURT NEWS

By DEBRA HAIGHT
BCR Correspondent

This week’s court news includes sentencings, updates on upcoming trials and a decision not to prosecute.

Berrien County Prosecutor Michael Sepic announced in December that he would not be prosecuting two administrators at the Benton Harbor Charter School Academy. A teacher at that school, Thomas Barnes, was sentenced earlier to probation after pleading guilty to a misdemeanor assault charge when a chair he threw in class hit a student.

Sepic had initially filed misdemeanor charges of failing to report child abuse against Principal Tim Harris and Assistant Principal Ashley Smith for failing to report the incident to the Michigan Department of Health and Human Services as required by state law.

Sepic said he ended up dismissing the charges after Harris and Smith took part in two training sessions conducted by Choice Schools Associates, the corporate entity that runs the Benton Harbor academy and other charter schools around the state. The company also has pledged to conduct training for staff every school year.

The training emphasized the details of the state reporting law which lists mandated child abuse reporters such as administrators, teachers and counselors as well as details how suspected abuse or neglect must be reported immediately to a supervisor or other authority figure.

“As a result of action Choice Schools Associates has taken and their effort to correct any misconceptions of the law regarding mandated reporters, I have decided pursuit of prosecution against Mr. Harris and Ms. Smith is unnecessary and have dismissed their charges,” Sepic said.

“Their delay in reporting the incident in this case ultimately did not hamper the investigations of Barnes, which started later that day.  In addition, Barnes was placed on immediate suspension so children were not at risk given the administrators’ failure to report immediately.”

Sepic noted that people can call 855-444-3911 any time day or night if they suspect abuse or neglect. This toll-free phone number allows people to report abuse or neglect of any child or adult.

In sentencings, a homeless man who was sentenced to 16 months in prison Dec. 17 in Berrien County Trial Court on drug and weapons charges received two more prison sentences Dec. 21 in Cass Circuit Court.

Billy Dean Roden, 37, pleaded guilty to violating his probation from two

2016 drug convictions. His probation was revoked and he was sentenced to two concurrent terms of six to 30 years in prison. He has credit for 168 days already served in one case and for 155 days already served in the other.

Cass Circuit Judge Mark Herman noted that Roden had been given a chance in 2016 to take part in drug treatment court through the Swift & Sure probation program. “But you went back and relapsed,” he said. “We gave you the tools but when the urge came to take drugs, you didn’t take advantage of them.”

Roden apologized for messing up the opportunity he had been given to stay out of prison.

A man with a long history of resisting police was sentenced to a year in jail.

Jason Lee Ottinger, 25, pleaded guilty of resisting and obstructing police and was sentenced to 365 days in jail with credit for 97 days already served. He must pay $1,048 in fines and costs. He was given credit for time served, 97 days, and ordered to pay $50 for possession of marijuana.

The incident occurred Sept. 15 in the 300 block of Courtland in Dowagiac when he caused a disturbance after taking property out of a yard and hiding some marijuana in a gutter. He then fled from police when they arrived.

Fitz noted that this was Ottinger’s 11th resisting and obstructing charge. “With this repetitive type of behavior, a message has to be sent,” he said. “Officers need to be respected.”

The new year will bring action in a number of high profile cases. The John Benton Lewis murder trial is set to start in early February at the St. Joseph courthouse. He is accused of killing his wife at their Niles Township home in August 2017.

No trial date has been set in the George Field case. Field is the former Southwestern Michigan College instructor accused of criminal sexual conduct against a former student. He was arrested in 2017 and was in jail until last summer when bond was reduced.

Judge Herman recused himself after it came out that he served on the board of the counseling center where Field worked. The case has been assigned to an Allegan County judge and no trial date has been set.

The Rolandis Russell murder case is set for trial in Cass Circuit Court later this spring. He is accused of the late July shooting death of Fabian Wesaw outside a bar in downtown Dowagiac.