Loss of memory due to alcohol doesn’t excuse actions: Judge

By By MARCIA STEFFENS / Niles Daily Star
CASSOPOLIS -- Though Arthur Allen Fenwick was so drunk he said he couldn't remember attempting to commit Criminal Sexual Conduct with two girls babysitting for his girl friend, it still didn't "excuse his actions," said Judge Michael E. Dodge.
Dodge sentenced Fenwick on Friday in Cass County Circuit Court.
Fenwick, 23, of 24430 Prairie Corners Road, Mendon, was found guilty in a trial in April of assault to commit CSC and attempt to commit CSC.
The two victims were both under 13 years old at the time of the incident, in the early morning hours of Dec. 14, 2002.
After going to a nearby bar from his girlfriend's home on Reed Street in Marcellus, and drinking heavily, Fenwick returned home first. After his attempts at molesting the girls on a couch, the two left the house crying. They were seen by Fenwick's girlfriend, who is related to one of the victims, and taken home.
One mother went back to the house and beat Fenwick, adding to his memory problem of his actions. Cass County Sheriff's Deputies went to the home of the incident and arrested him.
Assistant prosecutor David Moore read a letter by one of the victims, both of whom were in the courtroom.
In the letter, the girl told of her new fears, especially of babysitting for those she doesn't know.
The actions were "out of character," for Fenwick added Dodge.
Fenwick was sentenced to 365 days in the Cass County Jail, with credit for five days. He will be on probation for two years and is to pay $1,536 in supervision fees, $450 court costs, a $500 fine, $60 DNA test and $60 to the Crime Victims' Fund.
His attorney asked Dodge to let Fenwick out to see the birth of his first child, as his girl friend is now four months pregnant. He said those decisions are at the jail's discretion.
In other sentencings:
She must pay $960 in supervision fees, $450 court costs, $350 attorney fees, $60 DNA test and $60 to the Crime Victims' Fund.
Berry was on probation at the time for operating while under the influence of drugs and a history of violence. He is to pay $60 DNA test and $60 to the Crime Victims' Fund.
For the second offense he was sentenced to 120 days in the Cass County Jail, with credit for one day. He also received a concurrent sentence of 93 days for driving with a .09 blood alcohol level.
He is to pay $960 in supervision fees, $150 lab fee, $450 court costs, $350 fine, $60 DNA test and $60 to the Crime Victims' Fund. His license is suspended for one year.
Bracken was the look out during a break-in of storage unites on Lewis Lake Road in Vandalia. others involved have already been sentenced to prison.
She was given 18 months probation. She will pay $720 in supervision fees, $450 court costs, $250 attorney fees, $60 DNA test and $60 to the Crime Victims' Fund.
He was picked up by Cass County Sheriff's Deputies after trying to leave a single car accident on Beech Road.
He is to pay $960 in supervision fees, $450 court costs, $350 attorney fees, a $500 fine, $60 DNA test and $60 to the Crime Victims' Fund. His license was revoked and his vehicle immobilized.
He was sentenced to two years probation. He is to pay $960 in supervision fees, $450 court costs, $350 attorney fees, $60 DNA test and $60 to the Crime Victims' Fund. His license was suspended for one year.
This time he was sentenced to 300 days in the Cass County Jail, with credit for 53 days. He is to $350 attorney fees, $60 DNA test and $60 to the Crime Victims' Fund. He still owes back support, added Dodge.

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