By By NORMA LERNER / Dowagiac Daily News
CASSOPOLIS – Using a fake gun to rob a gas station landed a prison term for a 19-year-old Jones man.
Oscar Jones, 61398 M-40, received four to 20 years prison Friday morning in Cass County Circuit Court.
Judge Michael Dodge told Jones that his armed robbery at the Jones Shell station with a toy pistol terrorized two employees who were ordered to lay face down on the floor and believed they would be shot.
Assistant Prosecutor Kenneth Bobo said it was a "very serious" crime and that Jones does not recognize the seriousness of the offense.
It was Oct. 10 when Jones and his cousin, a juvenile, committed the armed robbery.
They had the gas station cased and even purchased a pair of gloves the day before to look things over, Dodge recounted.
Jones carried a duffel bag to stash the money.
He grabbed the money, liquor and other items and fled with his cousin to a home on M-40 belonging to his cousin's grandmother.
They were apprehended after tracking dogs found them at the home.
Dodge noted Jones did not have a criminal record except for possession of marijuana when he was placed on probation in August 2006.
Dodge said the court does not deviate from a guideline range, which was 42 to 70 months, unless there are compelling reasons to do so.
He said, "I don't think there are," before pronouncing his prison term.
"This is a serious crime of personal aggression. They (clerks) didn't know your gun was fake. They were made to lay face down and thought they were going to be executed. It's a shame you will be in prison instead of college."
Jones said he knew what he did was wrong and apologized.
Dodge imposed $920 in costs and restitution of $1,011.78.
Also sentenced was Steven Davis, 48, of 64019 Chain Lake St., Cassopolis, who received one year jail for assault with a dangerous weapon on Oct. 31 and 93 days jail with credit for time served for domestic violence against his daughter.
It was Halloween night in 2006 when Davis took his grandchildren out trick or treating and was enraged when he returned with the children.
He attacked his daughter, Stephanie Davis, by forcing his way into her bedroom and hitting her in the head with the flat side of a hand ax while the children watched in horror.
Davis pleaded guilty during his jury trial on Jan. 9 after seeing how upset his daughter was before she was to testify.
Defense Attorney Dale Blunier said there was alcohol abuse in the family on both sides.
Davis told the court he was "deeply sorry" and loves his daughter.
Davis was told he has a problem controlling his anger and committed the assault while he was on probation in Elkhart County. Dodge warned Davis that he was in a straddle cell, one foot in jail and other in prison before giving him a straight jail term. He is also a habitual offender. He is to pay $165 court costs.
In other sentencings:
* Robert Hamilton, 20, 423 East Division Street, Dowagiac, received one year probation for possession of cocaine less than 25 grams on Nov. 17 at Dewey Lake, Dowagiac. He was stopped by police officers Nov. 17 for driving a motor vehicle with no license plates. He is to pay a $350 fine and $920 court costs.
* Ryan Reynolds, 19, 70954 Elkhart Road, Edwardsburg, received three years probation plus 270 days jail with credit for 89 days served for breaking and entering an unoccupied building on Nov. 4 at the Edwardsburg Middle School on Section Street. He damaged the vending machine, security camera, doors and windows and broke into the high school building and caused more than $3,000 worth of damage. He said he was sorry for the crime and must pay restitution of $3,429 plus $920 court costs. The last 90 days he may serve at the Twin County Probation Center to help with direction and structure.
* James Wessell, 29, 2122 S. Warren Street, South Bend, received two years probation plus 180 suspended days jail for one year for failure to pay child support on July 1. The one year suspended jail term will be served if he does not comply with his probation terms. He is to pay $920 court costs.
* Derick McConnel, 26, 360 Gilson Street, Coloma, received 21 months to six years prison for possession of cocaine less than 25 grams and being a second-habitual offender on Oct. 24 at Vineyard Place, Dowagiac. He was on an absconder status from parole in Berrien County at the time of the offense. He is to pay $965 court costs.
* Robert Kirkland, 76, 114 South Lowe, Dowagiac, received two days jail with credit for time served on Nov. 29 for carrying a concealed weapon. He went to his daughter's home with a gun in his pocket during the time that law officers were executing a search warrant for possession of marijuana. He is to pay $770 court costs.
* Neal McEachern, 37, 52 Fletcher Road, Maine, received 148 days jail with credit for time served for attempted aggravated stalking of his girlfriend on Jan. 11, 2004, (ok) on Michigan-62, Edwardsburg. He is to pay restitution of $2,342.98 for the cost of extradition and $120 court costs.[ok]