Dowagiac woman gets extensive probation for assaulting father

Published 8:54 am Monday, March 16, 2015

Editor’s note: This story was edited on Oct. 15, 2015, to clarify some allegations made by the defendant and some statements made by the judge.

Eyebrows furrowed, the contemplative expression on Judge Michael Dodge’s usually stoic face told the entire story about the tough decision he had before him Friday morning when it came to the sentencing of Dowagiac’s Melissa Ann Borgais.

On one hand, both Cass County Prosecutor Victor Fitz and Sheriff Joseph Underwood strongly urged the judge to send the 32-year-old woman to prison for her actions, as the fact that she attacked her own father and his girlfriend with a knife after breaking into their home demonstrated she was a threat to the community.

On the other hand, other reports, including one filed by Barbara Howes, coordinator of the court’s drug treatment program, said that her actions last summer weren’t spurred by cold, murderous intent, but instead was the sad culmination of decades of substance and sexual abuse.

“The court’s sentencing decision in this matter is a complicated one,” Dodge said. “It’s not one I would wish on anybody. It’s not an easy decision to make. It’s easy to argue to the court what should be done, but it’s a whole different matter to determine what really is a just an appropriate sentence.”

After nearly 25 minutes of arguments from the prosecutor, defense attorney and the defendant herself, Dodge handed down Borgais’ sentence — and spared her from incarceration.

The circuit judge sentenced Borgais to four years of probation that morning, for two charges of assault with intent to do great bodily harm less than murder and one charge of first-degree home invasion. Borgais had pleaded guilty to the charges on Feb. 17.

The Dowagiac woman was arrested for the crime on July 5 of last year. On that night, Borgais entered the home of her father, Richard Borgais, located on Swisher Street, without permission. Brandishing a 6-inch kitchen knife, she attacked both her father and his girlfriend, Joann Dunbar.

“Dunbar was scratched in the chest area with that knife, but did not require any medical treatment,” Dodge said. “Your father did suffer a penetrating wound. It could have been more serious than it was, but it did require medical attention in the form of three stiches.”

Police apprehended Borgais shortly after they were dispatched to the scene. While being processed by authorities at the county jailhouse, she attacked two officers, causing them a number of scratches and cuts that required treatment.

“Certainly, they don’t deserve that kind of treatment, even though they realize that sometimes that’s a hazard of their job,” Dodge said.

Borgais was heavily intoxicated at the time of the offense, with authorities recording a .318 blood-alcohol level in her system following her arrest.

The woman has been dealing with mental health issues throughout adulthood, stemming mainly from an abusive relationship with her father, Dodge said. In addition to exposing her to alcohol and marijuana from the age of 12, the elder Borgais admitted to having sexual relations with his daughter when she was 19, but denied other allegations, according to the judge.

While acknowledging the horrible acts committed by the victim in this case, Prosecutor Fitz still encouraged the judge to sentence to her prison, saying that Borgais clearly intended to murder her father that evening.

“The defendant had no authority to be a judge, juror and executioner,” Fitz said.

In spite of his argument, Dodge said that, based on the evaluations from Howes and the probation department, that she was in dire need of mental and drug rehabilitation, which the judge felt she would not receive should he send her to prison. In addition, he felt that she would not pose a high risk to public safety should she stick to court-ordered treatment programs.

With that in mind, Dodge ordered Borgais to serve an extended probation sentence under the court’s Swift and Sure sanctions program, where she must also spend 150 days on SCRAM tether, and must comply with the requirements of any treatment programs assigned to her.

“I think you can become a productive member of society, but it won’t be easy,” Dodge said.

Also sentenced Friday:

• Bryce William Grove, 37, of Edwardsburg, to 120 days in jail for possession of an analogue substance and for possession of marijuana.

• William Douglas Kujawa, of Cassopolis, to 30 days in jail and two years of probation for operating while intoxicated.

• Dale Antwan-Carnal Johnson, 28, of Kalamazoo, to 30 days in jail for possession of marijuana.

• Nicholas Ryan Anderson, 20, of Bremen, Indiana, to two years of probation for possession of marijuana.

• Rachel Marie Clark, 31, of Dowagiac, to two years of probation for possession of cocaine.

• Richard Lee Lawson, 45, of Edwardsburg, to 197 days in jail and three years of probation for multiple meth related charges.