Man drinks too much steals bouncer’s car
Published 12:10 am Monday, January 12, 2009
By By NORMA LERNER / Niles Daily Star
CASSOPOLIS – An Elkhart man who had too much to drink and helped himself to a car after leaving an Edwardsburg bar will spend the next two years on probation.
Justin Miller, 22, of 26553 Fields Farm, lost his job and on Nov. 13 he started to drink. He went to an adult entertainment bar in Edwardsburg and got thrown out by the bouncer. He then took the bouncer's car for a spin while intoxicated but returned it. He was retained by the bouncer until police came and arrested Miller.
Friday morning in Cass County Circuit Court, Judge Michael Dodge told Miller his action was unusual as he has no prior record and holds a bachelor's degree. He said it is frustrating to lose a job, and Miller agreed it was inappropriate action. Dodge said driving the bouncer's car could have been disastrous as he could have struck someone on the highway while driving with a blood alcohol level of 0.24 percent, three times the legal limit.
Dodge told Miller everyone drinks in college and it got worse for him. "You didn't realize it and now look what happened." Dodge told him to follow through with treatment as it is important for the rest of his life. "You may have already become an alcoholic. You need to deal with it," he added.
Prosecutor Victor Fitz said Miller was driving in a drunken stupor. At age 22, he should turn himself around and hold himself accountable.
Defense attorney Dennis Tushla said this is a first conviction for Miller, and he has a record of good behavior. He is attending a treatment program at Woodlands Behavioral Healthcare Network, he said.
Miller apologized and said he is moving forward and getting help from his family. He is also re-evaluating his friends. He said he is ashamed of being in front of the court, and it will not happen again.
For unlawfully driving away a motor vehicle, his probation fee is $480 plus $670 costs and another $145 costs for operating a vehicle while intoxicated.
Another Elkhart man, Rick Rice, 56, of 632 West Franklin St., got three years probation plus 300 days jail for operating a vehicle while intoxicated on Oct. 4 on old Michigan-205. Fitz said he has spent the last four years with alcohol abuse. His father died in a drunk-driving accident.
Defense attorney Dale Blunier said Rice has tried to stop his abuse problems but had a relapse in drinking and added he does have a job.
Rice said he is trying to turn himself around.
Dodge said it was Oct. 4 when Michigan State Police stopped Rice for erratic driving. His blood alcohol tested at 1.6 percent. He said he has an extensive criminal record of 37 entries. "That's about as high as I have ever seen. Time and time again you drove while intoxicated," he said.
Dodge imposed a concurrent 30 days for driving with a suspended license, and his fines and costs were $2,300.
In other sentencings:
Daunte Redding, 26, of 1240 Leet Road, Niles, got one year jail for resisting and obstructing a police officer and attempted tampering with evidence and a concurrent 270 days jail for possession of marijuana on Oct. 4 on Redfield Road, Niles. Redding was stopped by police and attempted to chew and swallow marijuana and then took off while being handcuffed. He was cut up while being stuck in a briar patch. His fines and costs amounted to $675.
A third Elkhart man, Claude Robbins, 48, of 915 Baker Drive, got three years probation plus 30 days jail for third-offense operating a vehicle while intoxicated on Aug. 30 on Michigan-60, Cassopolis. His blood alcohol level was 0.18 percent. His fines and costs totaled $2,990.
Robert Shivers, 39, of 319 North Lowe, Dowagiac, got an 18-month-to-15-year prison term for possession of cocaine less than 25 grams and conspiracy to possess cocaine plus 45 days for receiving and concealing stolen property, cigarettes, from the Marathon Mini Mart in Dowagiac, on Jan. 19. His fines and costs were $735.
Jerry Oprea, 54, of 26136 Flanders St., Dowagiac, got two years probation plus 90 days jail for delivery of marijuana and a concurrent 60 days jail for maintaining a drug house on Aug. 21. Oprea grew 94 plants on his property and had about $100,000 worth of marijuana in his possession. His fines and costs were $1,310.
Jamone Hodge, 29, 1606 Wilbur St., South Bend, Ind. got one year jail for delivery of cocaine less than 50 grams on Nov. 10 and a concurrent 90 days for possession of marijuana on Michigan-51, Dowagiac. His fines and costs were $224.