By By NORMA LERNER / Vigilant/Argus
CASSOPOLIS – Stealing a golf cart from a neighbor on Anderson Road, Niles, resulted in an Edwardsburg man receiving a prison term Friday morning in Cass County Circuit Court. The golf cart was not a toy for Donald and Sandy Sherwood of 1160 Anderson Road. The couple used it for their farm work with Mrs. Sherwood particularly using it after recovering from a serious surgery last year. They used it to haul hay and water to their livestock and grain for their chickens and kept it in a nearby garage by their house. Needless to say, the Sherwoods were furious when they discovered it stolen on Nov. 20 and had a good idea who did it. Their hunch was right.
Going to prison for 2-to-7.5 years Friday morning was Scott Bennett, 33, of 65770 Conrad Road, Edwardsburg, for receiving and concealing stolen property valued from $1,000 to $20,000, a habitual second offender. Judge Michael Dodge said since Bennett was a habitual second offender, he could increase his penalty by 50 percent of his 12 to30 month guideline range.
Dodge recounted it was Nov. 20 when Bennett and John Wolkins, 17, of 10021 S. Front St., Three Rivers, entered the garage belonging to the Sherwoods and stole the golf cart. Police were able to track the cart to the next road over on Conrad Road. Dodge said Bennett originally lied about the golf cart and said he didn't have any knowledge about it as he was sleeping and Wolkins took it. Dodge said Bennett admitted to the theft and being involved in it.
Dodge told of his 1995 conviction of a breaking and entering when he got five years probation plus one year in jail. Then he said he violated his probation terms and failed to pay restitution. He said once again he was convicted of a felony in 2002 for attempted breaking and entering and got another one-year jail term. Dodge said there were two more convictions plus two more misdemeanors and another felony in 2008.
"You are a habitual-fourth," Dodge said. "You haven't been helped by probation. Your time has come," he said. He was given credit for 57 days served and ordered to pay $570 in fines and costs and restitution of $1,793.74.
Wolkins, who is Bennett's nephew, was told by Dodge he was fortunate that he had no previous record and had a low guideline range of 0-to-six months.
He said Bennett was the leader before he imposed a two-year probation term for receiving and concealing stolen property from $1,000 to $20,000.
He is to pay fines and costs of $1,260 plus his share of restitution of $1,793.74. He, too, was given credit for time served of 57 days.
Sandy Sherwood was present but did not wish to speak to the court. Prosecutor Victor Fitz said she just wanted to see Wolkins and Bennett off the streets.
Also going to prison was Matthew Fowlkes, 30, of 106 Johnson St., Dowagiac for possession of cocaine less than 25 grams, second-habitual offender, who got 18 months to six years and fines and costs of $570.
Defense attorney Lawrence Quigley said obviously Fowlkes has a substance abuse problem, but, unfortunately, he was on parole at the time of the offense. He said he is going to Southwestern Michigan College and indicated he won't be doing this anymore.
Dodge said it was Aug. 22 when the Cass County Drug Enforcement Team searched Fowlkes' house and found cocaine and a small amount of marijuana. It was determined that Fowlkes was using the drugs while on parole from two 2006 prison terms in connection with controlled substances. He said he had 75 points, the highest in sentencing guidelines.
For possession of marijuana, he got an additional $45 state cost.
In other sentencings on Friday:
Marcus Rader, 32, of Lexington, Kentucky, received 180 days jail for breaking and entering a building with intent on Nov. 30 at the Peck Motel in Dowagiac. Rader was angered after breaking up with a girlfriend whom he suspected was with another man. He is to pay fines and costs of $920.
Rick Hurt, 39, of 1950 South 13th St., Niles, received two years probation and 60 days jail for third-offense operating a vehicle while intoxicated on Redfield Road, Niles, on Aug. 13. Hurt was passed out behind the wheel of his truck while the motor was running and the gear shift was in drive. His blood alcohol level tested at 0.25 percent, more than three times the legal limit. He is to pay fines and costs of $1,900. He is to attend the Victim Impact Panel and complete an alcohol treatment program.
Joshua Kannenberg, 18, received two years probation plus 150 days jail for third-offense home invasion on Oct. 28 on Penn Road in Cassopolis. He and a companion broke into his aunt's house and stole jewelry, a DVD player, a radio, stereo speakers and cash. He used some of the money to go to a strip club in Kalamazoo. He received eight days jail with credit for eight days served for malicious destruction of property. This was the second or third time he broke into his aunt's house. He is to pay fines and costs of $1,205 with restitution to be determined by the victim.
Robin West, 44, of 60946 Commercial St., Dowagiac, received three years probation and 60 days jail for embezzlement of $1,000 to $20,000 from her employment at Mantke's Grocery in Pokagon Township on July 7. Her jail term will be suspended for one year. Restitution is $13,500. The court will waive her jail term if it is paid and she follows probation. Her fines and costs were $1,280.
Amanda Houser, 24, of North Liberty, Ind., received two years probation for uttering and publishing on Nov. 24 at the Berrien Teachers Credit Union. She forged a check belonging to her grandmother. She is to pay fines and costs of $1,520.