By By NORMA LERNER / Niles Daily Star
CASSOPOLIS - A young Niles man found out Friday morning in Cass County Circuit Court that breaking into a Dowagiac store with his companions and taking electronic items was the wrong thing to do. His behavior cost him 270 days in jail and two years of probation.
Matthew McMillan, 17, of 1353 Cedar St., Niles, was crying and shaking his head repeatedly while barely saying he was sorry and that he knew it wasn't right. Even his little baby whimpered in the quiet courtroom while being held in the arms of his family who was there to support him.
But it was the "straw that broke the camel's back," said Circuit Judge Michael Dodge on Friday. Dodge said it was the break in on May 4, 2004, that caused Phil Gray and his partner to close their store, P &J Electronics on M-51 in Dowagiac, because of six break ins in less than five years.
Gray told the court that they have decided to close the store. He said they are in process of closing out right now.
A jury found McMillan guilty on Jan. 12, 2005, of breaking and entering a building with intent to steal.
Defense Attorney James Miller said McMillan has support of his family and his father who is willing to take him in when he is finished with his jail time. He will help him monitor his probation term as well. Miller said one of the issues is the people who led McMillan astray. He stressed he is the father of a young baby he has to take care of.
Chief Assistant Prosecutor Jason Ronning said, however, that McMillan and three others, James Seitz, Brandon Carter and Tim Perkins, planned to burglarize the electronic store and smashed a window to get in.
Dodge said the foursome cased out the store prior to breaking in. They used a sledge hammer to knock out the power supply and stole over $1,000 worth of stereo equipment.
Dodge imposed a $960 probation supervision fee, $920 in court costs and restitution of $1,366.61. McMillan may spend the last 60 days at the Twin County Probation Center.
Two of the three co-defendants are still at large, according to Ronning.
In other sentences on Friday were the following:
Kenneth Routheaux, 23, 23569 South Shore Drive, Edwardsburg, received two years probation and 90 days in jail for manufacturing marijuana on Oct. 6 on Wayne Street in Dowagiac. He is to pay a $960 probation supervision fee and $920 in court costs.
Daniel Gill, 23, 52826 Yorkshire Drive, Middlebury, Ind., received 180 days in jail for receiving and concealing stolen property over $1,000 on Sept. 21 on M-40 in Jones. Gill was found to be in possession of a dirt bike that was stolen out of Elkhart County. He is to pay $120 in court costs.
Jonathan Fesler, 50, (no address) received one year in jail and two years of probation for possession with intent to deliver methamphetamine on Dec. 24 on U.S. 12 in Union. He is to pay a $600 probation supervision fee, $920 in court costs, and his driver's license was suspended for 180 days.
Joshua Knapp, 23, 61642 Corey Lake Road, Three Rivers, received $270 days jail and $120 in costs for larceny of a firearm on Aug. 25 on M-60 in Jones. He stole a 38 caliber Smith and Wesson belonging to his uncle.
Charles O'Hara III, 30, 819 Vistula, Osceola, Ind., received one year in jail for third-offense unlawful use of a motor vehicle on Oct. 25, 2003, on North Shore, Edwardsburg.
O'Hara III was found to be in possession of a vehicle stolen from South Bend, Ind. He is to pay $120 in court costs and restitution of $2,332.
Thaddius Lintz, 30, 1429 Powers Ct., Niles, received 210 days in jail and three years of probation for third-offense operating a vehicle while under the influence of liquor on June 12 on U.S. 12 and Gumwood Road in Niles.
He rolled over his vehicle while driving with a blood alcohol level of .29 percent. He is to pay a $1,440 probation supervision fee, $920 in court costs, a $500 fine, and his vehicle was immobilized.
Joel Busick, 18, 21550 Dutch Settlement Street, Cassopolis, received 150 days in jail and two years of probation for delivery of cocaine less than 50 grams and 104 days with credit for time served for possession of marijuana on Nov. 6 on Tuthill Street, Dowagiac. He is to pay a $240 probation supervision fee, $960 in costs and a $500 fine.
Edward Owen, 45, of Bay City, Mich., 270 days in jail and two years of probation for possession of Adderall, an amphetamine, on Aug. 9 on Jay Street in Dowagiac. He is to pay a $960 probation supervision fee, $920 in court costs, and his license was suspended for one year.