COURT NEWS UPDATE

By DEBRA HAIGHT
BCR Correspondent
NILES – Recent action in Berrien County Trial Court included testimony in a Niles murder case. Decisions are also still pending in two high profile cases.

James Phillip Perry, 29, of St. Louis, Missouri, faces four felony charges in connection with the Sept. 30 shooting death of Luke James Botica, 28, of Niles. He is charged with open murder, felon in possession of a firearm and two counts of use of a firearm in the commission of a felony.
The open murder charge carries a maximum penalty of life in prison, the possession of a firearm by a felony is a five year felony, and the use of a firearm in the commission of a felony carries a two year penalty consecutive to the other penalties.
Preliminary hearing testimony heard by Berrien County Trial Judge Jennifer Smith Oct. 17 and 24 came from a witness to the shooting as well as a Niles police detective. The hearing on whether there is enough evidence to bind Perry over for trial is scheduled to resume Nov. 28.
Berrien County Assistant Prosecutor Kate Arnold called one witness during last week’s hearing. Niles Detective/Sergeant Nathan Adamczyk testified that he arrived on the scene shortly after 11:15 p.m. at the residence in the 1600 block of North 12th Street after police received a call of a shooting.
He said medics were on the scene attending to Botica who was lying on his right side with a gunshot wound to his head when he arrived at the single family residence. He noted that Botica was transported to Corewell Health, Niles where he was pronounced dead.
Botica’s body was then transported to WMed in Kalamazoo for an autopsy. Adamczyk said the autopsy conclusion was that the cause of death was a gunshot wound to the head.
Adamczyk also testified to investigating Perry’s criminal record. He had no criminal convictions in Michigan but had convictions in Missouri including ones for burglary and theft.
Michael James White, 72, of Niles was the only witness to testify the previous week. White said he was he was on his phone that evening and heard Perry and Botica arguing over drugs and money.
White witnessed the shooting and told police that Botica did not have a weapon in his hands and put his hands in the air just before Perry fired one shot which hit Botica in the head.
The probable cause statement indicated that Perry claimed that he only pulled his weapon because Botica was pointing a pistol at him. He said Botica put his gun down but then went into another room and got a shotgun which he pointed at Perry when Perry shot him. A search of the home found three firearms including Perry’s.
The hearing was delayed last week after Perry fired his court appointed public defender, Carri Briseno, and said he planned to defend himself.
Judge Smith questioned Perry extensively about his decision to fire Briseno and the perils of representing himself but in the end allowed him to do so. Perry said he had defended himself previously in misdemeanor cases in Missouri. Briseno will stay on the case as a stand-by attorney.
Judge Smith took time to explain the process in Michigan which does not involve a “public indictment” but a preliminary hearing where prosecutors must establish probable cause that an incident occurred and the defendant committed the offense. She said a trial is then held to determine guilt or innocence.
No action is expected in two high-profile cases until at least December or January.
The preliminary hearing against Buchanan attorney Lanny Fisher concluded in October with both sides

asking to be able to submit briefs before visiting Van Buren County District Judge Michael McKay makes a decision about moving the case forward to trial. Judge McKay’s decision isn’t expected until December at the earliest.
Fisher faces several felony counts including nine counts of third-degree criminal sexual conduct, one count of fourth-degree criminal sexual conduct and four counts of misdemeanor prostitution related offenses. The incidents allegedly occurred over several years, dating back to 2010.
The case against Taylor Ryan Johnson of Buchanan is on hold after his attorneys appealed Judge Smith’s decision to not allow certain evidence to the Michigan Court of Appeals. While the Court of Appeals refused to hear the case, Johnson’s attorneys have now appealed the decision to the Michigan Supreme Court.

Johnson is accused of driving drunk and killing Berrien County Road Department worker William “Mack” Isom in July, 2022 on Red Bud Trail in Oronoko Township. If found guilty, he faces a maximum penalty of 15 years in prison and a fine of up to $10.000.
A status conference has been for early January in Berrien County Trial Court to see if the case has come back from the Michigan Supreme Court and is ready to be set for trial.
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