By By NORMA LERNER / Dowagiac Daily News
CASSOPOLIS - A 20-year-old Osceola, Ind., man received a 126-day jail term with credit for time served on Friday morning during sentencings in Cass County Circuit Court for larceny in a building.
It was May 19 two years ago when Benjamin Tomlinson of 10724 Dunn Road broke into the Edwardsburg Conservation Club with four companions.
They stole several musicians' instruments, some beer, cigarettes and $100 in cash, totaling $2,877 worth of items, according to court records.
Circuit Judge Michael E. Dodge said as a result of Tomlinson's foolish behavior, he acquired a felony conviction. He also failed to appear for a pre-trial hearing.
Chief Assistant Prosecutor Jason Ronning said this was Tomlinson's first, and hopefully last, conviction.
Defense attorney James Miller said his failure to appear was related to alcohol offenses in Elkhart County. He recognizes this has gotten him into trouble, he said.
Tomlinson said he has learned his lesson. He is now working and has two babies to support.
Dodge also ordered Tomlinson to pay $60 to the Crime Victims' fund, a $60 state cost and restitution of $3,392.
Also sentenced on Friday was Nancy Hines, 39, of 309 South Washington Street, White Pigeon, for embezzlement of $1,000 to $20,000 on April 15 at the Walter Dimmick Shell station on M-60 in Jones.
District Manager Scott Schneider said Hines was an assistant manager and used an automatic transaction machine to steal $7,100. "She is experienced as a robber," he said in asking for restitution.
Dodge said he would impose a 90-day suspended jail sentence for six months and that if she doesn't comply with her probation terms, she will spend that time in jail. She received two years of probation, a $40 per month probation fee, $60 to the Crime Victims' fund, a $60 state cost, $450 court costs and restitution of $7,100.
In other sentencings:
Joshua Haigh, 19, of 817 Pealer Street, Three Rivers, received 210 days in jail less 85 days served and three years of probation for second-degree home invasion to a home on Withers Street in Jones on Nov. 4, 2003. Haigh broke into the home of a friend and stole $8,000. The victim said it caused a lot of stress in her life but thanked him for pleading guilty on Oct. 25. "I forgive him and hope he turns his life around."
Dodge ordered payment of $60 to the Crime Victims' fund, a $60 state cost, $450 court costs and an attorney fee of $350. He told Haigh to get a job and pay restitution.
Maurice Furcron, 23, of 417 Graham Street, Cassopolis, received 129 days in jail with credit for time served, $60 to the Crime Victims' fund and a $60 state cost for third-offense resisting and obstructing a police officer on Graham Street in Cassopolis. It was on Aug. 11 when Furcron fled from police after making an emergency 911 hang-up call.
Don Westphal, 49, of 25329 Dorchester Street, Dowagiac, was sentenced to two years of probation and received credit for time served for maintaining a drug house. He was found guilty by a jury on Nov. 3. Having already served 140 days which was beyond the 90 day maximum of his calculated zero to three month guideline range, Dodge imposed credit for time served and the probation term with a probation fee as recommended, $60 to the Crime Victims' fund, a $60 state cost, $450 court costs and a $350 attorney fee.
Edward Jones, 44, of 309-1/2 Thickstun Street, Dowagiac, received 120 days credit for time served for an Oct. 25 conviction of possession of cocaine less than 25 grams. Dodge said it was Aug. 19 when the Cass County Drug Enforcement Team found Jones in possession of a small quantity of crack cocaine. This is his second conviction of possession of crack cocaine, having received 180 days two years ago. He is to pay $60 to the Crime Victims' fund and a $60 state cost.
Roy Clark, 44, of 53235 Twin Lakes Road, Dowagiac, received 180 days in jail and three years probation for third-offense operating a vehicle while intoxicated on Oct. 3 on Peavine Street in Dowagiac. Dodge said his blood alcohol level tested at .21 percent. "That's extremely high," he said. "It's strong evidence you are an alcoholic. You have used marijuana. You are a significant risk on the highway while drunk driving."
He is to pay $57 a month probation fee, $60 to the Crime Victims' fund, a $60 state cost, $450 court costs and a $350 attorney fee.
Wayne Friske, 37, of 55371 Colby Street, Dowagiac, received 300 days in jail less credit for 48 days served for unlawful use of a motor vehicle on Aug. 22 in Dowagiac. Friske drove his friend's 1999 Chevy Monticarlo a short distance away to play a prank on his friend's daughter. He must pay $60 to the Crime Victims' fund and a $60 state cost.
Christopher Withers, 29, 107 Lincoln Street, Dowagiac, received 240 days in jail and three years of probation for obtaining a financial transaction device without consent on July 13 and other dates owned by his mother and stealing $2,300 from an automated transaction machine. "It's a sad day you take money from your mother," Dodge said. He received credit for 114 days served and was ordered to pay $40 per month supervision fee, $60 to the Crime Victims' fund, a $60 state cost, $450 court costs and a $350 attorney fee. Restitution was ordered at a total of $3,218.15.