By By NORMA LERNER / Dowagiac Daily News
CASSOPOLIS – Cass County Circuit Judge Michael Dodge sent the last of three sentenced in the foiled safe-breaking attempt at the Phillips 66 Express Mart on M-60 near Niles to prison on Friday for 57 months to 20 years.
Michael Melton, 32, of 14566 Red Bud Trail, Buchanan, was the driver of a stolen pickup truck on Sept. 21 last year when he and two co-defendants repeatedly rammed the pickup truck in reverse gear into the gas station about 3 a.m. to try and forcibly remove the ATM machine in the gas station.
They smashed the front wall, door and windows of the station but couldn't break loose the money machine that contained $1,300.
In their unsuccessful melee, they caused more than $40,000 worth of damage to the building, Dodge said.
"You caused over $40,000 worth of damage to the building and contents. This has lasting effects to the owners."
Dodge noted Melton's "horrible" past criminal record.
Dodge told of Melton's breaking and entering criminal record, which included two prison terms in Michigan and three in Tennessee.
He said Melton's record was worse than co-defendants Ronald Polega, 32, of Dick Street, Niles, and Thomas Holycross, 38 of Roger Street, South Bend.
They each got 57 months to 20 years.
Melton's convictions were conspiracy to commit safe breaking and safe breaking. His terms are concurrent, and he received credit for 114 days served.
Melton is to pay $670 in court costs and a part of the $44,500 in restitution.
In other sentencings:
Adam Bauer, 18, of 70110 Oak Drive, Edwardsburg, received 18 months probation and $920 court costs for attempted failure to register as a sex offender with the State of Michigan on July 15. He was convicted in 2003 of second-degree criminal sexual conduct while still a juvenile.
Jearold Dayhuff, 36, of 58810 Klumbis Road, Dowagiac, received 18 months probation and a suspended 120 days jail for attempted felonious assault and credit for time served of two days for fourth-degree child abuse on Oct. 4.
Dayhuff got into an argument with his brother over the removal of a truck and other items in his yard. Dayhuff drove his truck into his brother's truck with his 5-year-old son in the vehicle.
He is to pay $920 in court costs and $500 restitution.
April Smith, 29, of of 298 W. Dibble Street, Marcellus, got one year jail for each of possession of methamphetamine and maintaining a drug house on Nov. 15. Smith was on probation for a felony offense of possession of methamphetamine at the time authorities came to her home and found her to be in possession of methamphetamine and related paraphernalia. Dodge said she is carrying a child and has used methamphetamine. He said he didn't know what will happen to the child when it is born but that he didn't feel prison was appropriate. "Your manufacturing and selling it was clear that you were using it," he said. Smith was given credit for 58 days served and was ordered to pay $180 court costs.[ok]