Dowagiac man sentenced for possession of marijuana

Published 9:37 am Monday, June 22, 2015

A Dowagiac man will be spending the next few months in jail after being arrested for possessing marijuana in his vehicle parked outside Dowagiac Union High School.

Circuit Court Judge Michael Dodge sentenced 19-year-old Joshua Warren Procter to 180 days in jail during his appearance in Cass County court Friday, on charges of possession with intent to deliver marijuana and possession of marijuana on school property. Procter pleaded guilty to the charges during an earlier appearance in court, on May 14.

The charges stem from Procter’s arrest on May 1, which followed an investigation by police after receiving a tip that a vehicle possibly containing drugs and a weapon was parked outside Dowagiac Union High School. Receiving consent from Procter, a student at the high school at the time, to investigate his vehicle, police discovered 27 grams of marijuana, along with paraphernalia and a BB gun. They also found him in possession of $350, about $100 of which came from the sale of marijuana, Dodge said.

“You’re lucky enough to have a car to drive to school, but this is sure not what you need to have in it when you go to attend high school,” Dodge said.

At the time of his arrest, Procter was serving a term of Holmes Youthful Trainee Act (HYTA) probation for receiving a concealed firearm and manufacture of marijuana. As a result of his conviction for these second pair of offenses, his HYTA status was revoked, with the other charges going on his criminal record rather than being expunged at the end of his probation term, Dodge said.

“Boom, just like that you have four felony convictions on your record,” the judge said.

Procter’s probation violation also demonstrated to the judge that he was no longer a suitable candidate for a similar sentence for his latest convictions, landing him with a jail sentence instead.

In his statement to the judge, Procter said he made a mistake bringing the drugs with him to school that day, and was willing to pay the penalty for it.

“I know I have a good future ahead of me, and this is not where I need to be,” Procter said. “I need to be out with my family, getting a job and furthering my high school education.”

Procter was given credit for 50 days already served.