By By MARCIA STEFFENS / Dowagiac Daily News
CASSOPOLIS - Even completing boot camp couldn't keep James Smith, 31, of 298 W. Dibble, Marcellus, from returning to using methamphetamine.
Judge Michael E. Dodge, in Cass County Circuit Court Friday morning, recounted how Smith had been a model prisoner, then with only three months left of his parole, was found to be in possession of the drug during a parole inspection.
McNeil commented on how “ravaging” the drug can be to cause Smith and his wife to relapse.
Smith was sent to the Michigan Department of Corrections for 18 months to 10 years, with no credit of time served, as he had broken his parole.
He did, though, receive 101 days credit, therefore time served for the misdemeanor charge of the use of meth.
He is to pay a $60 crime victim fee, $450 court costs, $55 restitution for lab fees and $60 state costs.
In other sentencings:
Trevor Nilson, 41, of 406 Oak St., Dowagiac, was found by the DNR on Nov. 19, 2006, to be in possession of a firearm by a felon.
Since Nilson had competed a three-year probation for a meth lab sentence he received in 2002, Dodge sentenced him to straight one year probation.
He is to pay $25 a month probation fees, a $60 crime victim fee, $450 court costs, $350 attorney fees and $60 state costs.
Heather Button, 32, of 12940 Lance Road, Three Rivers, was found to be in possession of a glass pipe with methamphetamine residue when stopped by Cass County sheriff's deputies while speeding on M-60 in Cassopolis on Nov. 19, 2006.
Her relapses have hurt her husband and six children, she admitted.
Dodge gave her “one last opportunity,” allowing her to stay in the Cass County Jail, instead of going to prison.
She is to serve 365 days, with credit for 97 days. He would allow work release or tether.
She is to pay a $60 crime victim fee and $105 state costs.
Ted Mosier, 49, of 10117 Cecilia St., White Pigeon, on Dec. 30, 2006 on Sunset Blvd., Union, was found by Michigan State Police to be in possession of methamphetamine.
Edwardsburg attorney Dale Blunier asked the judge to consider keeping Mosher's incarceration local, as he was in what is called a straddle cell with guidelines of five to 23 months,
This is the “second time in this court,” for the same offense, Dodge said, sending Mosier instead to the Michigan Department of Corrections for 18 months to 10 years, with 55 days credit.
He is to pay a $60 Crime Victim fee, $450 court costs, $250 attorney fees and $60 state costs.
Danny Boling, 43, 24182 CR 126, Goshen, Ind., was sentenced to three years probation for failure to pay child support.
He is $13,000 in arrears. Along with being required to pay support, he is to pay a supervision fees, $60 Crime Victim fee, $450 court costs, $350 attorney fees and $60 state costs.
Jerry Jacobs, 42, 220 Jackson Road, Elkhart, Ind. also was sentenced for failure to pay child support and is more than $42,000 in arrears.
He is to serve 120 days in jail, with credit for 43 days served and be on probation for three years. He is to pay a $10 a month supervision fee, $60 Crime Victim fee, $450 court costs, $250 attorney fees and $60 state costs. Dodge did not object to work release or tether.
Kyra Luckey, 18, 217 W. State St., Cassopolis, failed to show to be sentenced for attempted home invasion, which occurred on Dec. 14, 2006, on Pokagon Highway, Cassopolis. A bench warrant was issued for her arrest and her $1,000 bond was revoked.