By By NORMA LERNER / Dowagiac Daily News
CASSOPOLIS – Two teenagers will spend the holidays behind prison bars, an 18-year-old Niles woman and a 17-year-old Elkhart, Ind., man.
Off to prison for six to 20 years was Sarah McGraw for operating a methamphetamine laboratory in her bedroom closet at 61001 Indian Lake Road, and Justin Huffman, who got 23 months to five years for receiving and concealing stolen property mostly in the Edwardsburg area.
On Friday morning in Cass County Circuit Court, Judge Michael Dodge recounted it was Oct. 2 when the Cass County Drug Enforcement Team discovered an active meth laboratory on Indian Lake Road.
There were three companions in the house with McGraw where meth was being manufactured inside McGraw's bedroom closet.
She was the leader, he said, noting all of them were using it.
This was a second conviction for McGraw. The first time was a meth-related conviction in December 2007.
Dodge said she received credit for time served then. He said she had an extensive involvement in the juvenile justice system. He said 72 to 120 months is the guideline range, and the prosecutor recommends 96 months.
Chief Assistant Prosecutor Frank Machnik said her sentencing should be 96 months because of her prior conviction.
Since that time she was released in January, 2008, and has not changed her habits.
"She keeps getting involved," he said.
She has two warrants out of Berrien County. She did not seek any treatment for her drug habits. She doesn't merit on the low end of the guidelines. She was on probation and went out and did it again, Machnik said.
Defense attorney Dale Blunier argued he didn't think she was on probation the last time but got straight jail. He said she is not a drug addict. She desires to change her life around.
She got a concurrent 18 months to 10 years for possession of meth. Her fines and costs totaled $630.
McGraw apologized to her family.
Huffman received a concurrent 23 months to five years for breaking and entering a recreational vehicle at Willow Shores Campground where he stole more than $1,000 worth of items.
Huffman also broke into several homes and a storage business along U.S.12 in Edwardsburg, all between May and September, 2008.
He stole items from an abandoned building.
Dodge said he counted up to 19 victims.
"You need to owe up," Dodge told Huffman. "You committed these while on a juvenile conviction of burglary. You deserve a sentence at the high end of the guideline range."
His guideline range was 10 to 23 months.
Huffman received credit for 56 days served and was imposed fines and costs of $630.
Two others went to prison Friday, David Mitchell, 26, of 915 Dwight St., Kalamazoo, and Dennis Henslee, 29, of 54238 M-51, Dowagiac.
Mitchell received 150 months to 30 years for third-degree criminal sexual conduct, habitual third.
Machnik asked for the high end of 180 months, saying he showed no remorse for his actions. The girl was 13. He admitted he had sex with the girl and claimed he did not know she was 13.
He referred to himself as the victim and lied to the jury, he said. But he told the jury he never had sex with the victim.
He gave her alcohol and she passed out. There was a 19-year-old female there who manipulated the 13-year-old.
Blunier said at the trial the girl made several different statements. The co-defendant there said she was a willing victim.
Mitchell claimed he is innocent.
"I can't show remorse for something I didn't do."
He said he has a fianc and doesn't want to spend half of his life in prison.
Dodge said Mitchell was sincere and thoughtful, but on Oct. 22 the jury found him guilty of third-degree criminal sexual conduct.
Dodge said the female enticed the girl to go to the party with friends. "You were there drinking. You maintained it was consensual. You said there was no sexual intercourse at all. The victim said there was."
Dodge noted Mitchell has a past record but not criminal sexual conduct.
But Dodge said to him that he did victimize a 13-year-old girl to satisfy his sexual desire.
Mitchell's court costs and fines totaled $570.
Henslee received 51 months to 20 years each for three counts of operating and maintaining a meth lab near specified places, possession of meth with intent to deliver and maintaining a meth lab on July 17 and a concurrent five months jail for possession of meth on M-51, Dowagiac.
Machnik said Henslee was cooperative and provided testimony.
Dodge said the Cass County Drug Enforcement Team executed a search warrant at his residence and discovered the meth operation.
Henslee said he was sorry for what he did and has small children. He apologized to his family and the court.
His fines and costs were $803.
In other sentencings Nov. 21:
Joseph Fashbaugh, 47, of Bristol, Ind., received 18 months probation for felonious assault on July 22 when he threatened his wife with a knife following an argument on Suszek Road, White Pigeon. The argument was alcohol-related, and Fashbaugh apologized for the whole deal. His fines and costs were $1,120.
Toby Park, 29, of 7901 Chapel Road, Niles, got 270 days jail and two years probation for breaking and entering a building with intent to steal on Barron Lake Road, Niles, on Sept. 15. He is to pay $1,050 in costs and fines and $22,240 in restitution.
Stephen Danzy, 49, of 18494 Williamsville St., Cassopolis, received 120 days jail and three years probation for operating a vehicle while intoxicated, third offense, on Sept. 30 on Prang Street in Union. His blood alcohol level tested at .09 percent. He is to pay $2,450 in fines and costs.
Kevin Kiste, 21, of South Bend, Ind., received 120 days jail for delivery/manufacturing marijuana on Sept. 27 in Milton Township. He is to pay $920 in costs and fines.
Donald Housenger, 44, of 50084 Roth Road, Dowagiac, received 270 days jail and two years probation for manufacturing more than 20 marijuana plants and possession with intent to deliver on Oct. 1 on Roth Road. He is to pay $1,420 in fines and costs.
Johnny Williamson, 29, of 12666 Pioneer St., Marcellus, got 333 days jail for resisting and obstructing a police officer on Oct. 1 on Pioneer Street. He is to pay $920 in fines and costs.