Habitual teen offender gets prison for carjacking

Published 8:31 am Monday, November 10, 2014

A Dowagiac teenager will be spending the next year and a half inside of a Michigan penitentiary, after committing a pair of carjackings while on juvenile probation.

Cass County Circuit Judge Michael Dodge sentenced Joshua Osmer, 16, of Dowagiac, to a minimum of 18 months in prison to a maximum of five years Friday morning in Cass County court, on two charges of unlawfully driving away an automobile. Osmer previously appeared in court on Oct. 6, where he pleaded guilty to the charges.

The car thefts in question occurred on July 7, when Osmer and a group of accomplices stole a 2003 Jeep Grand Cherokee from the residence of Joseph Shouse, located on Dogwood Circle in Dowagiac, as well as Chevy S-10 pickup from a location in Niles.

“You admitted at the time that you entered your plea of guilty that you were responsible for these thefts, having actually driven one of the vehicles away yourself and having participated in taking the other one,” Dodge said.

Despite his age, Osmer was sent to the adult criminal court system after a two-phase waiver hearing, where the judge determined he was no longer suitable for the juvenile system. Part of the judge’s reasoning for the decision was due to his prior record, which includes a conviction for first-degree criminal sexual conduct, with the victim in that case being a 3-year-old.

“Your juvenile record is not real good,” Dodge said. “It’s not real lengthy, but it’s very serious.”

Assistant Prosecutor Tiffiny Vohwinkle said she supported the Michigan Department of Corrections’ recommendation for a prison sentence, pointing out a letter the teenager had written that was included with the reports given to the judge.

“The defendant doesn’t seem to be attempting to straighten out what road he’s been going down,” Vohwinkle said. “This letter the court has clearly shows his disregard. It also shows his immaturity, but it shows his regard for telling the truth, for probation, for the seriousness of the situation he’s facing.”

Robert Drake, Osmer’s attorney, said his client’s letter was a reflection of his young age, and not necessarily an indictment of a man lacking morality.

“I don’t know where moral culpability and just plain ignorance of a teenager cross, where they meet in the middle,” Drake said. “I do know that I think prison is not an appropriate response for a 16-year-old kid.”

The judge ultimately decided to sentence Osmer in the middle of the state’s sentencing range.

“Even though it’s a property crime, I’m not minimizing the fact that you’re running around different neighborhoods and taking these two cars from their owners,” Dodge said. “That’s a potentially explosive situation when you decide to steal someone’s vehicle from right outside their house.”

Osmer was given 107 days credit for time already served.