Dowagiac man gets probation for using stolen credit card

Published 8:31 am Monday, March 9, 2015

A Dowagiac man owes one of his neighbors, and the state, some time and money for a recent spending spree using a stolen credit card.

Cass County Circuit Judge Michael Dodge sentenced Daniel William Clendenin, 57, to 18 months of probation during his sentencing hearing Friday morning inside the Cass County Law and Courts Building in Cassopolis. Clendenin was sentenced on two counts of illegal use of a financial transaction device and of stealing a financial transaction device, both of which he pleaded guilty to earlier this year, on Jan. 29.

Clendenin was arrested for the crimes, which occurred last year on May 10. On that day, he used a debit card belonging Kayla Yakim to purchase gas at a Speedway Gas Station on Spruce Street in Dowagiac. Later that day he used the card again at a location in Niles, where he took out $100.

“You used it illegally, because you did not obtain her consent to use it,” Dodge said. “You claimed you found this debit card, and then you proceeded to use it.”

The victim in this case said the crime cost her more than $130 as a result of his actions. The judge ordered Clendenin to pay back that amount as restitution.

Clendenin has had numerous encounters with law enforcement in the past, with 16 misdemeanors on his prior criminal record, according to Assistant Prosecutor Kirk Metzger.

“This is a repeated problem, and he just needs to stop,” Metzger said.

Only four of those previous offenses could actually count against him, though, as he maintained a clean record from 2001 to 2012, the judge pointed out.

Despite his history, Clendenin’s attorney, Robert Drake, argued that his client shouldn’t have to face any incarceration for his actions, given that he had already spent more than a month in jail following his arrest. He also pointed out that Clendenin is currently employed and would be able to pay the restitution in short order if the judge opted against incarceration.

“You demonstrated that you can go a long period of time without violating the law,” Dodge said. “I hope that is that what happens now.”

Also sentenced Friday:

• Dace Wayne Kochel, 28, of White Pigeon, to three years of probation and $1,100 worth of restitution for larceny and conspiracy to commit larceny.

• Joni Marie Black, 24, of Benton Harbor, to 18 months of probation for possession of an analogue substance and possession of marijuana.

• Jacob Edwin Reiff, 34, of White Pigeon, to three years of probation for multiple meth related charges.

• Erin Kelsey Prouty, 26, of Marcellus, to 51 months in prison for multiple drug related charges.