Dowagiac man avoids prison for domestic assault

Published 9:49 am Monday, March 6, 2017

A repeat domestic abuser will be given another chance to overcome his violent tendencies toward women,  or else face a lengthy stay in prison.

Cass County Circuit Court Judge Mark Herman sentenced 29-year-old Dustin Aaron McCuddy, of Dowagiac, to a two-year stint on the state’s Swift and Sure probation program during a hearing at the county courthouse Friday morning. McCuddy was punished for a count of domestic violence and a count of resisting arrest, two charges he pleaded guilty to on Oct. 3.

As part of his probation, the Dowagiac man will be required to complete the Twin County Probation Center treatment program.

The charges against him stem from an incident that occurred May 4 at a residence on Railroad Street in Dowagiac, when McCuddy struck his girlfriend, Felicia Hood, in the face. The man told police that the strike was an accident, as he was simply trying to snatch a cigarette out of her mouth at the time — an excuse Herman found dubious, he said.

Aaron McCuddy

“If that was really the reason we are all here right now, I would just tell you to give up smoking,” Herman said to McCuddy in court Friday. “But we know that is not the reason we are here.”

McCuddy was drinking the night of the assault, and had gone looking for Hood after she had left the residence in attempt to get away from him due to his attitude, Herman said. When she returned, he began yelling at her before striking her.

Even if he believed McCuddy’s claims the strike was accidental, Herman told the defendant his attempt to snatch the cigarette from his girlfriend was still an act of
domestic abuse.

“You were invading her space,” the judge said. “You were telling her, ‘I can control you. I can do whatever I want.’”

Cass County Prosecutor Victor Fitz also found McCuddy’s explanation wanting — especially given his prior record, which includes three other convictions for domestic violence, Fitz said. His anger problems are compounded by his abuse of alcohol, an issue he has had since he was a teenager, the prosecutor said.

“There are two things Mr. McCuddy needs to do: get sober for the rest of his life, and start treating other human beings — particularly the women of his life — with respect,” Fitz said. “He will be better for it, as will society.”

Given his record, the prosecutor asked Herman to impose a prison sentence on the defendant.

McCuddy’s attorney, Robert Drake, agreed with Fitz’s assessment that alcohol has been a major problem in his client’s life. To that end, Drake asked the judge to accept his client’s recommendation for admission into Swift and Sure probation program, where he can have the opportunity to get sober.

Herman agreed with the recommendation and spared McCuddy further incarceration. He warned the defendant, though, that, if he failed to comply with the conditions of his probation, he would face prison, adding that he is on “the last thread of his rope.”

“I don’t want to see you back in here again, and you don’t want to see me back in here again,” Herman told the man after delivering his sentence.

“No, I don’t,” McCuddy responded while exiting the courtroom.

Also sentenced Friday:

• Susan Paige Spencer, 23, of Dowagiac, to two years of probation for possession of methamphetamine.

• Amber Nicole Wadsworth, 33, of Cassopolis, to two years of probation for methamphetamine-related charges.

• Elijah Amir Johnson, 26, of Chicago, to 18 months of probation for possession of marijuana.

• Douglas Ryan Hawley, 35, of Cassopolis, to two years of probation for possession of methamphetamine, possession of marijuana, malicious destruction of a building and reckless driving.

• Russell Thompson Frantz, 39, of Niles, to six months in jail for domestic violence.