‘Train wreck’ taken off streets
Published 6:58 pm Monday, November 20, 2006
By By MARCIA STEFFENS / Dowagiac Daily News
CASSOPOLIS – Those on the road will be a little safer now that Michael Peffley is to remain in the Cass County Jail for another 180 days, following the 90 he already served.
Peffley, 22, of 31526 Pokagon Highway, Dowagiac, was stopped by police on July 30 on Main Street in Dowagiac for no visual license plate.
At the scene, his blood alcohol was .21, with a breath test later reading .19, Judge Michael E. Dodge said.
"One of these day he's going to kill someone," said Prosecutor Victor Fitz. "He is a train wreck."
"His record is horrible," admitted his attorney, Jim Miller. "Alcohol is ruining his life. He shouldn't even have one (drink)."
This was Peffley's fourth drunk driving offense in one and a half years, said Dodge.
"He presents a danger. It is a double-edged sword," Dodge added.
Peffley hurts his own body when he drinks and possibly someone else when he drives drunk.
His license is revoked, Dodge said and he will be on probation for two years, paying a $40 a month supervision fee. He is also to pay $60 Crime Victim fee, $60 state costs, $450 court costs, $350 attorney fees, $500 fine and $60 in restitution.
In other sentencings Friday:
Gary Hogan, 44, 26529 Dutch Settlement Road, Dowagiac, made a no contest plea to larceny in a building. On Aug. 23 on James Street in Dowagiac, Hogan stole a lawn mower, according to Dodge.
His long history of theft will hopefully end, according to attorney Miller, as Hogan plans to go to Southwestern Michigan College to learn job skills.
Hogan said he was sorry to the victim, that he "violated" her space. He is to served 270 days in jail, with credit for six days. He is to pay $60 Crime Victim fee and $60 state costs.
Tyler Nickens, 17, 26529 Dutch Settlement Road, Dowagiac, was sentenced for breaking and entering a building on Aug. 7, the Front Street Cafe in Dowagiac. His fingerprints were found on the cash register, Dodge said. Food and money were taken.
Since he is doing well, attending Lewis Cass Intermediate School, Nickens' sentence of 120 days was suspended six months, if he continues to attend classes. He has served two days. He will be on probation for two years, with a $10 a month probation fee.
He is also to pay $60 Crime Victim fee, $60 state costs, $450 court costs and $350 attorney fees, along with $60 in restitution and the cost of the broken window.
Clifford Lukowski, 49, 15780 U.S.-12, Union, was sentenced for intent to deliver and manufacturing marijuana at his residence in Union on July 19.
It was his first offence, but there were long guns at the scene, Dodge said, and Lubowski attempted to destroy evidence of residue on scales which were also found.
He was sentenced to 120 days in jail, with credit for one day. He was placed on probation for two years, and to pay $20 a month probation fees.
He is also to pay $60 Crime Victim fee, $60 state costs, $450 court costs, restitution of $55 and a $350 fine.
Kenneth Jones, 25, 307 E. Telegraph, Dowagiac, was sentenced for attempted Criminal Sexual Assault on Sept. 1, on West Railroad in Dowagiac.
"It is fortunate this was caught when it was," said Fitz, "but the concern is it happened before and will happen again."
Jones was lifting a six-year-old over the fence to his yard, according to Dodge, and "asked to see her panties."
He was sentenced to 90 days in jail, with 59 days served. He will be on probation for two years, paying $20 a month probation fees.
He is also to pay $60 Crime Victim fee, $60 state costs, $450 court costs and $350 attorney fees.
Robert Johnson, II, 34, 3757 Ash, Inkster, was judged on Oct. 10 guilty of resisting and obstructing police at 2 a.m. on July 23, on Main Street in Marcellus.
"Officers do a dangerous job and shouldn't have to struggle," said Fitz. He added, if Johnson hadn't resisted police he probably would only have gotten a speeding ticket.
According to Dodge, Johnson didn't handle the situation "appropriately." The incident could have "been resolved peacefully."
According to Johnson, who has no prior record, he was unable to get out of the car, as the police asked, because the way was blocked. The computer showed Johnson with a suspended Michigan license at the scene, which was cleared up later, Dodge said.
He was sentenced to 12 months probation, with a $30 a month probation fee. He is also to pay $60 Crime Victim fee, $60 state costs, $500 court costs, a $350 fine and $500 attorney fees.
Ronnie Harkins, 29, 430 Ironwood Drive, Niles, has his 90 jail term suspended if he continues to pay child support for his three children and his check for $4,000, which he brought to court, clears.
He left Brandywine HIgh School in 1994, in 11th grade and was out of work the last one and a half years. Since he just started a new job, he will be able to stay out of jail if he continues to pay $478 a month child support and work on the $13,000 he is in arrears.
He has served two days so far. He will be on probation for two years and is to pay $40 a month supervision fees.
He is also to pay $60 Crime Victim fee, $60 state costs and $450 court costs.
Jason Miller, 31, of Granger, Ind. received a suspended sentence of 45 days in the Cass County Jail, with eight days served. He is to report to jail on Dec. 15, for possession of crack cocaine less than 25 grams on Sept 20, on Redfield Road in Edwardsburg..
Doge suspended his sentence so he could continue working until the food service position he has takes a break over the holidays. He is to pay $60 Crime Victim fee, $60 state costs, $450 court costs and $350 attorney fees.
Keith Szmkowiak, 33, 22222 Beach Road, Cassopolis, failed to show for sentencing on two charges of possession of cocaine less than 25 grams, on Jan. 22, on M-62 in Edwardsburg and on Sept. 9 on Redfield Road, also in Edwardsburg. A bench warrant for his arrest was ordered by Judge Dodge.