Man sent to prison for molesting 13-year-old

Published 7:15 am Monday, June 30, 2008

By By NORMA LERNER / Niles Daily Star
CASSOPOLIS – A Dowagiac man who molested his girlfriend's little sister was handed a prison term Friday morning in Cass County Circuit Court.
Brett Hemminger, 20, of 109 North Mill Street, Dowagiac, will spend from 1-1/2 to 7-1/2 years for third-degree attempted criminal sexual conduct as a second-habitual offender.
Prosecutor Victor Fitz said the defendant's life was going out of control, first with a history of juvenile offenses and then as an adult. As a 20-year-old, he was interacting sexually with a 13-year-old. "He victimized a 13-year-old," he said, adding that he was cooperative with police, however, of the March 19 offense.
The victim's mother tearfully told the court that she couldn't understand why Hemminger took advantage of a little girl. She said he dated her 20-year-old daughter for two years. She allowed him to sleep over at their house with her daughter because she knew how much she loved him. "He took her virginity (13-year-old). This will never be forgotten. How could he come into our home and do this," she asked.
Defense lawyer Dale Blunier said he knows what he did was seriously wrong. "He regrets it," he said. He had a difficult life but did graduate from high school. Blunier told Judge Michael Dodge that he didn't think Hemminger could handle prison because he would be victimized if he went there.
Dodge didn't buy that however. "This is serious conduct. She (mother) indicated how devastating it is on the daughter and how it will impact her later on in life."
Prior to imposing the prison term, Dodge said Hemminger committed the crime while on probation for offenses in both Berrien County and Cass County which was a larceny. He said the sentence guidelines call for prison unless he could find substantial and compelling reasons not to. Finding none, he said he will sentence him in the range recommended by the probation department which was 14-to-36 months. His costs were $120.
In another criminal sexual conduct case, Jess Treiber, 30, of 1097-1/2 Carberry St., Niles, was sent to prison for 15 to 30 years for molesting a nine-year-old girl on Sept. 30, 2007, on two counts of criminal sexual conduct, 1st degree, and 71 months to 15 years on two counts of 2nd degree. Dodge said he seriously victimized the little girl causing psychological damage. Dodge noted the Legislature provided for a mandatory term of 25 years on 1st degree. Treiber bargained in a plea agreement to 15 years, Dodge said, in accepting his plea. He was given credit for 235 days served. He will be placed on a lifetime electronic monitoring device as required by state statute.
Tyler Nickens, 18, of 26529 Dutch Settlement St., Dowagiac, received a year in jail for 4th-degree criminal sexual against a 14-year-old girl March 4. Dodge said the offense was consensual, and the girl is pregnant but wasn't sure who is the father.
The mother of the victim asked for a no-contact order against Nickens. He also received a consecutive 90 days jail for attempted larceny in a building which was the Cass County Jail on March 24, 2007. He had been jailed for a breaking and entering offense. He is to pay $240 in costs.
Nickens' cousin, Ronald Nickens of 316 Sherwood St., Dowagiac, received two years probation and 150 days jail for possession with intent to deliver marijuana on Feb. 20 in Dowagiac. He is to pay $1,400 costs.
In other sentencings:
Michael Delaney, 35, of 27911 Gidden St., Dowagiac, received 240 days jail for attempted receiving and concealing stolen property from $1,000 to $20,000 on Sept. 25. He stole $7,000 worth of tools and equipment from his employer, National Copper in Dowagiac, from June, 1999, to March, 2007. Delaney was on bond for unarmed robbery in Berrien County at the time. He has a pending sentence there on July 14. His costs were $120 plus restitution of $5,373.
Jeffrey Alwine, 25, of 69101 North Terrace Drive, White Pigeon, received two years probation and 210 days jail for third-offense operating a vehicle while intoxicated on U.S. 12, Edwardsburg on Feb. 26. His blood alcohol level was 0.19 percent, over twice the legal limit. Alwine came close to striking a police vehicle at Michigan 205 and U.S. 12 and sped away going 80 miles per hour. He eventually stopped at a traffic accident. Dodge told him he has a serious problem with alcohol abuse with 14 entries since 2001. He said he has a drunk driving charge pending in Elkhart County. He received 30 days jail for possession of marijuana also on Feb. 26. He is to pay $2,145.
Tyler Adams, 18, of 114 Silsbee St., Niles, will spend 3 to 20 years each in prison for conspiracy to commit first-degree home invasion and 1st-degree home invasion on April 29 in Niles. He also got 23 months to five years for conspiracy to commit larceny from a motor vehicle. Fitz said he was involved in 30 thefts. He is gong in the wrong direction, he said in asking for the prison terms. Dodge said Adams and two others drove into Misty Acres subdivision and stole items from unlocked automobiles and entered the open garage of a residence where the owner was asleep and took items from two vehicles. His costs were $690 plus restitution of $645. His terms are consecutive.
Co-defendant Jason Gooding, 28, of 1101 Cedar St., Niles, got three years probation plus 270 days jail for conspiracy to commit larceny from a motor vehicle and a concurrent 270 days jail for larceny from a motor vehicle on April 29. Fitz said he took property that was unearned and had no right to these things. His costs were $1,860 plus $555 in restitution.