By DEBRA HAIGHT
BCR Correspondent
NILES, MI – The sentencing in one high profile case occurred this week, while another high profile sentencing has been delayed until late March.
The Niles man who painted a racial slur on a downtown Niles business last summer was sentenced to jail and probation Monday in Berrien County Trial Court sentencing at the Niles Courthouse.
Timothy William McDermott, 63, of Niles, pleaded guilty to an attempted hate crime and was sentenced to 60 days in jail with credit for two days served, two years probation, 200 hours of community service, completion of a racial sensitivity program and $678 in fines and costs.
The incident occurred Aug. 14 in Niles outside the In The Cut Barbershop. Shop owner Eric Williams found the racist graffiti on the side wall of his shop.
Assistant Prosecutor Myrene Koch said she agreed with the recommendation for jail and probation. “I agree that there should be a period of incarceration and probation given the magnitude and nature of the offense,” she said. “It could have created a more serious situation.”
Defense attorney Robert Reilman said his client now understands that his actions were not how he should communicate with others and how his actions were perceived by the victim and others. “It was not his intent to show racial animosity with the use of that term,” he said. “He has offered to paint over what he wrote at his own expense. He is remorseful.”
Monday, McDermott apologized directly to Williams who attended the sentencing but did not speak. “Sir, I give you my heartfelt apology for my stupidity,” he said. “I’d like to make it up to you … As crazy as it sounds, it was not directed toward you.”
Berrien County Trial Court Judge Gordon Hosbein called McDermott’s actions “a serious offense.” “Hatred is a virus and an infectious disease spewed in the community,” he said. “This was more than stupidity, it was intentional. You say you didn’t have any intent but I don’t know any other way to construe what you wrote.”
“We’re trying to get past this in society and what you did put us back,” the judge added. “The victim has come out and said he has forgiven you and doesn’t want you punished to the fullest extent of the law, but actions have consequences and there has to be a message sent.”
In the other case, the sentencing for Reese Pence has been delayed until March 30.
Pence, now 20, formerly of Niles and Dowagiac, was convicted in December of first degree murder, carrying a concealed weapon, receiving, concealing or possession of a stolen vehicle and use of a weapon in the commission of a felony.
Pence is already serving a prison sentence in Indiana for another murder that stemmed from this incident. He was convicted in 2023 for the murders of two Niles women at an apartment complex north of South Bend. He blamed them for telling police about his involvement in the Blankenship murder.
He received sentences of 55 years in prison on each count plus an additional 12.5 years in prison on each count for the use of a firearm in the commission of the murders. He was brought back to Michigan last August.
In addition to the murder and other charges he was convicted of in December, he has also pleaded guilty to assaulting police officer charges related to incidents in September at the Berrien County Jail. He is scheduled to be sentenced on the assault charges in early May.
Berrien County Assistant Prosecutor Myrene Koch tried the murder case. She said this week that Pence will also be the subject of a Miller hearing before the March 30 sentencing as he was a juvenile at the time of the offense.
The U.S. Supreme Court has ruled that juveniles convicted of first-degree murder can only be sentenced to life in prison without parole in rare cases. Judge Hosbein will preside over that hearing.