COURT NEWS UPDATE

By DEBRA HAIGHT
BCR Correspondent
In recent area court news, area residents were sentenced to prison and a former “juvenile lifer” had his appeal for a shorter sentenced turned down by the Michigan Court of Appeals.
This is the second time this year that the Michigan Court of Appeals has ruled in the case of Efran

Paredes, Jr. Paredes was just 15 when he shot and killed Rick Tetzlaff, an assistant store manager at a St. Joseph area supermarket. Paredes worked there as a bagger.
Paredes was tried as an adult and convicted of first-degree murder in 1989. He was sentenced to life in prison without the opportunity for parole. That sentence stood until U.S. Supreme Court rulings in 2012 and 2016 that said life without parole sentences for juveniles are unconstitutional except in rare instances.
As has been the case with many other “juvenile lifers” sentenced in Michigan to life in prison without parole, a “Miller hearing” was held in 2021 to hear evidence whether Paredes did in fact deserve a life without parole sentence or should be resentenced to a term of years.
Berrien County Trial Judge Charles LaSata presided over that hearing and ruled that he did not find any mitigating factors to keep him from resentencing Paredes again to life in prison without the opportunity for parole.
That ruling was challenged by Paredes’ attorneys and the Court of Appeals in March since it back to the trial court for resentencing. The Court of Appeals judges said Judge LaSata’s ruling did not follow the framework set down by either the U.S. Supreme Court rulings or the corresponding Michigan Supreme Court rulings.
The federal and state courts have said that judges need to consider a number of factors in making their juvenile lifer resentencing decisions. Those factors include the defendant’s immaturity, ability to understand risks and consequences, home environment and whether the defendant can be rehabilitated.
In May, Judge LaSata again sentenced Paredes to life without parole but this time gave more details and factual findings about the reasons for his decision.
The most recent Court of Appeals ruling dated July 27 noted that Judge LaSata went through all the possible mitigating factors and explained his reasoning. For example, the judge considered Paredes’ age at the time of the shooting-a month shy of 16 years old, but also considered his maturity and lack of impetuosity as he planned the murder.
The Court of Appeals’ opinion concluded that Judge LaSata’s decision did not abuse his discretion. “The court found defendant’s testimony at the Miller hearing not credible nor persuasive, but rather, “manipulative, evasive, [and] sociopath[ic],” the opinion stated.
In recent sentencings in Berrien County Trial Court, a number of area residents were sentenced to jail or prison.
Brandon Demarcio Collins, 29, of Benton Harbor, pleaded guilty to several offenses from four incidents starting last fall and was sentenced to three concurrent terms of 18 months in prison. He has credit for 167 days already served and must pay a total of $819 in fines and costs.
Collins was sentenced to prison for resisting and obstructing police as a habitual offender on Nov. 20 in Benton Harbor, for resisting and obstructing police as a habitual offender on Nov. 21 in Benton Harbor and for third offense fleeing police on May 4 in Berrien Springs.
He also was sentenced to concurrent jail terms for reckless driving in the May 4 incident, malicious destruction of personal property $200 to $1,000 in the Nov. 20 incident and for second offense domestic violence from an Oct. 30 incident in Benton Township.
Defense attorney Kevin Mackin from the Berrien County Public Defender’s Office said Collins suffers from schizophrenia and gets in trouble when he is off his medications. Collins apologized for his actions and said there was no excuse for what he did. He said he wants to go back to college and turn his life around when he gets out of prison.
Torrell Brandon Davis, 36, of Niles, pleaded guilty to one count of third-degree child abuse and was sentenced to 14 months to two years in prison.
The incident occurred Feb. 24 in Niles Township when he struck his daughter with a belt after a disagreement, leaving her with injuries to her arm, wrist, hip and buttocks. The incident was turned over to police by school officials who observed the bruises.
Davis’ daughter and wife spoke before the sentencing. The daughter said that she was not afraid of her father and knows he is sorry for his actions and just wanted the best for her. His wife said the situation with her husband not allowed to be in the home has caused problems for the family and that he only wants the best for his family.

Taylor Lee Fox, 31, of Niles, pleaded guilty to carrying a concealed weapon, receiving, concealing or possessing a stolen firearm and resisting and obstructing police and was sentenced to three concurrent terms of 14 months in prison. He has credit for 53 days already served and must pay $334 in fines and costs.
The incident occurred July 7, 2022 in Niles. Police found a gun in his vehicle when he was stopped by police and he initially ran from them. He has another pending resisting and obstructing police charge from a separate incident.
Barbara Jean West, 40, of South Bend, pleaded guilty to delivery/manufacture of meth and possession of a dangerous weapon and was sentenced to nine years to 20 years in prison on the meth charge and 14 months to five years in prison on the weapon charge. She has credit for five days already served and must pay $316 in fines and costs.
The incident occurred Feb. 18 in Niles. Police found the meth and the weapon in her car during a routine traffic stop. West previously was sentenced to prison in Illinois on federal drug charges and the current prison sentences will be consecutive to any sentence she receives for violating her federal parole.