Dip in lake doesn’t elude police

Published 12:45 pm Tuesday, November 20, 2007

By By NORMA LERNER / Niles Daily Star
CASSOPOLIS – A wild goose motorcycle chase, with the driver taking a jump into Indian Lake to flee police, didn't get an Eau Claire man too far last July. An off-duty Chicago policeman ended up in the lake as well when he saw the chase and jumped into the lake to stop the man from swimming off.
Judge Michael Dodge during a sentencing hearing for 28-year-old Oscar Martinez Friday morning in Cass County Circuit Court said Martinez turned a traffic violation into something that might not have been criminal. "You turned it into a felony."
It was July 22, 2006, when the Cass County deputies attempted to stop Martinez for a traffic violation while he was south bound on Indian Lake Road in Silver Creek Township. Instead Martinez sped off on his motorcycle and fled and eventually clipped a post and lost control. He then fled on foot and tried to escape by jumping into Indian Lake to swim away. Instead an off-duty Chicago police officer aided police and jumped into the water and caught Martinez.
Dodge said Martinez had a conviction of third-offense operating a vehicle while intoxicated and was on parole at the time.
Dodge handed down a 30-month to 15-year prison term for third-degree fleeing police, habitual 4th. He got a concurrent 30 months to 15 years for resisting and obstructing a police officer. The term is consecutive to a drunk driving offense when he was put on tether.
Prosecutor Victor Fitz said his action was "foolishness." It was a life-threatening chase on foot and swimming. He has a drinking problem. "When he runs he endangers himself and other people around him." Fitz said he has two children and wants to take care of them, but it would be easier if he was not drinking, driving and running from police."
In asking for a sentence at the lowest end of his guideline range, defense Attorney James Miller said he didn't know if alcohol was an issue. Martinez said he has a family depending on him and has a job waiting for him after sentencing.
He was imposed fines and costs of $980.
In another sentencing, a 39-year old South Bend man broke into a building and left a trail of blood. This time it wasn't safe breaking. Thomas Holycross left a trail of blood after he cut himself while sawing a hole into a building on Carberry Road in Niles to gain entry. A DNA sample taken from blood found on the scene led to his arrest resulting in a prison term.
Dodge said before handing down a 15-month to 2-year prison term for attempted larceny in a building, that Holycross used a bolt cutter to cut a hole into the wall of Delta Industrial Valves at 801 Carberry Road on Aug. 30 last year and stole 20 machine tools worth $4,500. Holycross has three felony convictions.
It was later on Sept. 21, 2006, when he was arrested and convicted for safe breaking, breaking and entering and conspiracy to safe break at the Coquillard Convenience Store on Michigan-60 in Niles. His sentence is concurrent with the current term he is serving (for the safe breaking).
Fines and costs amounted to $920 plus $19,176 in restitution.
Christina Guitierrez, 25, of 68th St., Dowagiac, with three children in foster homes and a fourth child on the way, received two years probation and a 60-day jail term suspended for one year for possession of marijuana from 5 to 45 kilograms on July 5 in Dowagiac.
Fitz said Guitierrez dealt with more than $30,000 in marijuana and was smoking it with children present. "It's a dangerous drug," he said.
Defense Attorney Gary Stewart said Guitierrez is taking substance abuse counseling and is planning to have her children returned to her. She sees her children on a day-to-day basis and wants to get away from her lifestyle. She understands she put her children in danger.
Dodge said before handing down her sentence that it was July 25 when county narcotics officers and a probation agent discovered that the father of her three children and the child she is carrying received a shipment of marijuana from 100 to 150 pounds. He said Guitierrez knew her boyfriend, Jose Lara, was involved with the drug.
Dodge said he would give her a chance on probation with the suspended jail term to straighten around. He said she would be drug tested immediately to see if she stopped using marijuana, and if tested positive, she would go to jail. If she tested clean, the court would approve her suspended driver's license to restricted in 30 days.
Her costs and fines amounted to $810 plus restitution of $61
In other sentencings:
Justin Urban, 19, 32888 School St., Dowagiac, received two years probation plus 150 days jail for attempted unlawful driving away an automobile and a concurrent 60 days jail for operating a vehicle while under the influence of liquor on Sept. 29 on Marcellus Highway in Dowagiac. His costs and fines are $960 for probation and $610 plus restitution to be determined. Urban while intoxicated stole a 1987 van parked along Twin Lakes Road. Two men decided to go after the van in two cars and box the defendant on the road, but Urban went off the road and hit some trees.
All three vehicles received damage in a collision when one car passed the other car and all three crashed. Urban was driving with a blood alcohol level of .14 percent, almost twice the legal limit of .08 percent.
Urban received a concurrent probation violation of 150 days in jail less credit for 31 days served.
Jevon Bomer, 20, 314 Grove St., Dowagiac, got three years probation plus 180 days jail for possession of marijuana, second offense, on June 8 in Dowagiac.
His fines and costs are $1,340. He also received 120 days jail for a probation violation.
Christopher Franklin 21, 509 E. South St., Cassopolis, received two years probation plus 120 days jail for possession of cocaine less than 25 grams Sept. 28 in Cassopolis. His costs and fines are $1,160.
Steven Carpenter, 50, 66900 Michigan-62, Edwardsburg, received three years probation plus 120 days jail for operating a vehicle while intoxicated, third offense, on May 14 on Ironwood Drive, Niles. He is to pay restitution of $260 plus $1,780 fines and costs.