Three prison terms given to man who assualted a family member
Published 9:24 am Thursday, September 9, 2004
By By NORMA LERNER / Cassopolis Vigilant
CASSOPOLIS - An Elkhart man will serve three concurrent prison terms for sexually assaulting a family member in Edwardsburg. His sentencing hearing was held Friday morning in Cass County Circuit Court.
Allen Miller, 31, of 129 Nadel Ave., Elkhart, Ind. was imposed the prison term by Circuit Court Judge Michael E. Dodge.
It was July 9 when Miller pleaded guilty to three counts of assault with intent to permit criminal sexual penetration against a four to five-year old female on State Line Road in Mason Township. The occurrence took place on Dec. 1, 2002.
Cass County Prosecutor Victor Fitz asked the court to sentence him at the top of his guideline range which was 34 to 67 months.
Defense Attorney James Miller agreed that Miller's actions were "horrible" but said he had a family that he lost and was employed. He asked for the low end of the guideline range.
Dodge recounted that Miller sexually molested and victimized the girl and with a past record said he deserved the maximum sentence of 67 months to 10 years for the first of the three counts and a concurrent 57 months to 10 years for the second and third counts. He was ordered to pay $60 in state cost and was allowed credit for 236 days served.
A prison sentence was also imposed upon another Elkhart man. James Savidge Jr. 24, of 116 Sycamore St., received 7 to 20 years for first-degree home invasion at a residence on Peninsula Drive, Cassopolis.
It was 4 a.m. on June 14 when Savidge entered the home and took a tool box and a leaf blower. He was going back into the residence to steal more items when police arrived and Savidge fled.
Police apprehended him and found a concealed weapon, a pry bar and gloves in his vehicle. They also spotted a tool box and leaf blower. Dodge said Savidge lied and said he owned them. Police matched the pry bar to the entry marks into the home, Dodge said. He said it was a "nightmare" for the home's resident who was awakened during the middle of the night.
Dodge said with Savidge's past record and guideline range called for prison. "You have two kids and one on the way. What were you doing out at 4 a.m.?" he asked.
He was also imposed to pay $60 to the Victim Rights' fund, a $60 state cost and restitution of $1,778.35.
Other sentencings on Friday included:
James Deotis Hudson Jr., 41, 60792 Marble Street, Vandalia, received two concurrent prison terms for 7 to 15 years for second-degree criminal sexual conduct against a nine-year-old and a six-year-old female on Oct. 20, 2003, in Vandalia. Dodge said he was a danger to society, particularly to young girls. He was ordered to pay $60 to the Crime Victims' fund and $120 in state cost and was given credit for 316 days served.
Gary Kelly Jr., 17, of 508 Orchard Street, Dowagiac, received 150 days in jail, $60 to the Crime Victims' fund and a $60 state cost for possession of cocaine less than 25 grams on June 15 on East Railroad Street, Dowagiac. Dodge said his crack cocaine involvement was not a good sign at age 17.
Brian Ottinger, 24, of 55925 California Road, Dowagiac, went to prison from 47 months to 7-1/2 years for third-degree fleeing police officers and second-offense resisting and obstructing police officers on May 26 on Sherwood Street in Dowagiac when he ignored a police order to stop for failing to yield and speeding. He stopped and fled on foot and resisted arrest.
On May 28 Dowagiac police answered a 911 call on McOmber Street after Ottinger entered a home to beat up a man whom he had been arguing with and knocked down an elderly lady in the process. He received a concurrent 87 months to 20 years for second-degree home invasion and two concurrent 93-day-jail terms for two counts of assault of assault and battery. He was ordered to pay $120 to the Crime Victims' fund, $220 in state costs and $450 in court cost.
Myrle Wheat, 41, of Mountain City, Georgia, received 10 to 15 years in prison for two counts of third-degree criminal sexual conduct against a child under the age of 13 during November of 2000, in Dowagiac. Fitz said the victim will have to live with this for what he did for his own selfish purposes. He should be off the street, he said. Before he imposed the sentence, Dodge said it will leave her with psychological damage. Wheat was ordered to pay $120 to the Crime Victims' fund and $120 in state cost and was allowed 361 days credit for time served.
Lucius Peterson, 57, of 310 Johnson Street, Cassopolis received 180 days jail less credit for 30 days served for assault with a dangerous weapon on June 13 in Cassopolis when he hit a man whom he had been arguing with on the side of his head with an ax.