Niles man gets probation for theft

Published 10:18 am Monday, February 6, 2017

A Niles man will avoid jail time for breaking into a Cassopolis woman’s garage last spring — though he will still be required to pay his debt to his victim.

Cass County Circuit Court Judge Mark Herman sentenced 32-year-old Timothy Edward Milliken to two years of probation during his hearing in Cass County court Friday morning, on a charge of breaking and entering a building with intent. Herman also ordered Milliken to pay $500 in restitution to the victim of his break-in, Debra Martin, as well as $813.36 to her insurance company, Allstate.

Timothy Edward Milliken

Timothy Edward Milliken

Milliken pleaded guilty to the crime during an appearance in court Nov. 10.

According to the judge, the intrusion occurred April 20, when Milliken and an accomplice broke into a garage owned by the victim, located on Dailey Road in Jefferson Township. The two stole several items from the premises and loaded them into a U-Haul truck, fleeing after the pair was confronted by one of the victim’s neighbors, Herman said.

“You also stopped at several other locations, and the court surmises you did not commit additional crimes only because you were observed and confronted by other individuals,” Herman said, addressing the defendant in court Friday.

On May 3, Milliken was arrested in Berrien County for committing a larceny in the neighboring jurisdiction. He was convicted of the charge, and is currently serving probation sentence, enrolled in the county’s KPEP supervision program.

Martin, who was present in the courtroom during Milliken’s sentencing hearing, had written a letter to the defendant describing the impact his theft caused. Cass County Prosecutor Victor Fitz read her letter on her behalf to the court that morning.

“What you have taken from me is more than things,” Fitz read. “You have taken my sense of security away. I have always tried to give people the benefit of the doubt, but now I feel victimized and I have lost a lot of trust in people.”

Martin concluded her letter by saying she has forgiven Milliken, but hopes the court will punish him to the full extent of the law, a sentiment Fitz echoed by asking the judge to impose jail time on the defendant.

Milliken’s attorney, James Miller, defended his client, saying the man had been making progress since his induction into the KPEP program, and has since secured a job and has begun paying child support.

Milliken also spoke during the hearing, where — after being reminded by the judge that his victim was seated in the gallery behind him — he spun around to apologize to her face for his actions.

“I was not in my right mind when I was doing the things I was doing,” he said.

In spite of the prosecutor’s and victim’s desire to see Milliken incarcerated for the break-in, Herman decided to continue to allow the Niles man to serve probation due to his recent positive progress.

“You have indicated you are turning your life around,” Herman said. “We will see. Actions speak louder than words.”

Also sentenced Friday:

• Theron Lamont Black, 55, of Dowagiac, to two years of probation for possession of cocaine.

• Christopher James Smith, 35, of Vandalia, to six months in jail and three years of probation for methamphetamine-related charges.