Cass Circuit Court judge gives repentent drunken driver one last chance

By By MARCIA STEFFENS / Niles Daily Star
CASSOPOLIS - Bruce Allen Hively, 41, 16781 U.S.-12, Union, was going through a divorce from a wife he still loves and didn't want to live anymore.
That's why he said he took some pills last week and tried to take his own life, when he was to be sentenced for Operating Under the Influence (OUIL) third in Circuit Court.
When that attempt failed, he turned himself in for sentencing after a bench warrant was issued for his arrest.
Hively has a long history of a drinking problem, Cass County Circuit Judge Michael E. Dodge noted Friday.
Two times Hively crashed vehicles. On June 22, 2003, at U.S.-12 and Tharp Lake Road, his vehicle left the road and hit a tree. He fled toward Indiana on foot, then told police a friend was driving.
Still, Dodge said he would "swallow hard" and give Hively one last chance.
He was sentenced to two years probation with 365 days in the Cass County Jail, with credit for three days. He is to pay $80 a month in probation fees, $60 to the Crime Victims' Fund, $60 state assessment fee, a $500 fine, and $450 court costs.
In other sentencings:
Joseph Davis Fisher, 35, 54326 Kerry Haven Drive, ELkhart Ind. was found at 13525 Pleasant Dr., Union on Jan. 23, 2003, to be in possession of a firearm, as a felon and in possession of meth. He was also to be sentenced for Criminal Sexual Conduct of the fourth degree, forcing himself on someone.
He was given three concurrent terms of 365 days in the Cass County Jail, with 250 days credit for each.
He is to pay $60 to the Crime Victims' Fund and $180 in state assessment fees. His license was suspended for 180 days.
Earl Duane Zimmerle, 62, 5434 Edgewood Ave., Dowagiac, was stopped by Dowagiac Police on June 21, 2003, after leaving Felpaush, as they suspected him of shoplifting.
He was running an errand and forget that he had a loaded 22 caliber rifle in his vehicle, which he used for hunting small animals which were pests on his farm. A breath test also showed a .07 impaired level.
Zimmerle's attorney, Tom Swisher, said his client had some dementia and his wife was soon taking him to Florida for the winter.
Zimmerle was sentenced to one year probation and is to pay $480 in probation fees, $60 to the Crime Victims' Fund, $60 state assessment fee, and $450 court costs.
Bruce Kevin Wright, 41, 69611 Sunset Blvd., Union, was turned in by his landlord as suspected of growing marijuana. Forty-nine plants were found growing in his bedroom.
Wright, who was formerly in the Navy, recently got back into the airline industry with a good job.
He was "acting like a child," said Prosecutor Victor Zitz.
He was sentenced to a two year probation, and is to pay $40 a month for supervision fees, $60 to the Crime Victims' Fund, $60 state assessment fee, and $450 court costs. His license was suspended for 365 days.
Terry Lee Collick, 48, 51805 Finch Rd., Marcellus, was found driving with a forged vehicle registration plate on May 28, 2003 at M-40 and Shannon Rd., Marcellus.
Since he was still on parole for an assault sentence, Dodge deviated from the guidelines and sentenced him to the Michigan Department of Corrections to 15 months to five years.
He is to pay $350 attorney fees, $60 to the Crime Victims' Fund, $60 state assessment fee, and $450 court costs.
Raymond Eugene Bowen, 37, 71490 Adamsville Rd., Edwardsburg appeared in court for sentencing, but had failed to show up for his pre-sentencing so his bond was revoked and he was taken into custody. He will be sentenced at another time.
The last defendant was found to be in this country illegally and may be subject to deportation. A Spanish interpreter was used in court.
Miguel Rivera, 314 N. Lowe St., Dowagiac was sentenced for attempted assault with a dangerous weapon. On Aug. 28, 2003, at Lyons Industries in Dowagiac he confronted a fellow worker, who also had a knife, with a box cutter. The victim suffered a cut.
Rivera was sentenced to 90 days in the Cass County Jail, with credit for 31 days. He is to pay $60 to the Crime Victims' Fund, and a $60 state assessment fee.
Antolino Caztellanos Cruz, 25, of Michigan St., South Bend, Ind. was a passenger in a vehicle driven by Fortino Perez Atzin, 29, of North Carolina, when the vehicle was stopped as a possible Operating Under the Influence, at E. State St. and Wolfe St., Cassopolis on Sept. 7, 2003.
Atzin was found with a .17 on his breath test. There were also weapons in the vehicle. He was sentenced to 75 days in the Cass County Jail, with credit for 75 for operating a vehicle without a license and 30 days, with 75 days credit for the weapons charge.
He is to pay a $100 fine and $80 in state assessment charges.
Caztellanos Cruz, who was found with a concealed knife, was sentenced to 75 days in jail, with credit for $75 days. He is to pay a $60 state assessment and $60 to the Crime VIctims' Fund.
The Law and Courts Building will be closed on Thursday, Nov. 27 and Friday, Nov. 28, for the Thanksgiving holiday.

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