Niles woman gets jail for theft

Published 9:35 am Tuesday, June 20, 2017

A Niles woman charged with third-degree home invasion will spend 300 days in the Berrien County Jail.

Denise Mark, 48, was sentenced Monday by Judge Angela Pasula in Berrien County Trial Court. Mark pleaded guilty to the offense May 10.

The incident occurred the night of Dec. 8, 2015, when the victim, who is also the defendant’s ex-step father, alleged that Mark snuck into his house at 518 Clark St., in Niles Township, while he was sleeping. He accused Mark of stealing money, tools and jewelry from him.

The victim reported the incident on Dec. 9, 2015 to the Berrien County Sheriff’s Department and said he did not want to press charges unless his belongings were not returned. On Dec. 16, 2015, he officially pressed charges.

Two witnesses relayed accounts of the night to the authorities.

The victim’s son told police that he saw Mark jumping into a truck after the theft.

A co-defendant, who was driving with Mark, also confirmed the story. According to assistant prosecuting attorney Jerry
Vigansky, who was not present in court but left a note, the co-defendant was not charged in the crime.

The co-defendant was driving with Mark that evening. Mark told the co-defendant that the victim owed her money, so they stopped at the residence to retrieve it. When she left the house after several minutes, she had tools in her hands, the co-defendant told police.

Defense attorney Jason Engram said his client had successfully completed a prior parole with no violations. In the past, Engram said Mark had struggled with drugs and theft charges.

“I believe perhaps they may be related,” Engram said.

He advocated for the judge to offer an alternative to jail and some form of treatment program.

Mark’s criminal record includes two prior felony convictions for controlled substance maintaining a drug house, according to court documents. She has been charged with 14 misdemeanors and has been on probation five times, two of which were revoked according to Pasula.

“You have had ample opportunity turn things around and get a new lease on life and start over again,” Pasula said. “You have not [taken] advantage of that opportunity.”

Mark will also be required to pay $750 in restitution to the victim. She has credit for five days served in the Berrien County jail.

Also sentenced Monday:

• Quincy Johnson, of Niles, was charged with improper possession of a financial transaction device. He was sentenced to two years of probation.