Niles teen receives probation for shooting

Published 10:30 am Monday, July 10, 2017

A Niles teenager will spend the next two years under state supervision after shooting his uncle in the neck during an argument earlier this year.

Cass County Circuit Court Judge Mark Herman sentenced 17-year-old Dakota Matthew Stanley to a two-year term of probation during the teen’s hearing in county court Friday. Stanley was punished for a single count of careless use of firearms resulting in injury or death, which he pleaded no contest to May 15.

Matthew Stanley

The shooting occurred April 16 at a residence on Kline Road in Milton Township. During an argument between Stanley’s aunt and uncle, Stanley attempted to intervene, at which point the older man — who was intoxicated at the time — became belligerent and began calling the teenager names and shoving him. The 17-year-old then produced a gun and fired at his uncle. The bullet struck the older man in his neck, causing him to collapse.

Stanley went back inside the house and called 911.

Cass County Prosecutor Victor Fitz accused Stanley of “bringing a gun to a fistfight,” adding that the teenager’s aunt told police that, while the two were pushing each other around, it did not look like either were seriously injuring one another.

“We were only 2 or 3 inches away from a homicide case in this matter,” Fitz said. “If his aim had been slightly different, the victim in this case would be dead and this defendant would be facing an open murder charge.”

Due to this fact, the prosecutor argued against the defense’s request that Stanley receive a sentence under the Holmes Youthful Trainee Act, which would allow him to be sentenced without a conviction entering onto his criminal record.

Stanley’s attorney, Edwin Johnson, disputed Fitz’s assertion that the 17-year-old was not in danger during the altercation. Johnson pointed out that the victim was 6 inches taller and 50 pounds heavier than the defendant, and that Stanley was justified in using deadly force to defend himself.

“We have stand-your-ground self defense laws for a reason,” Johnson said. “I think this a perfect example of why those laws exist. He [Stanley] does not represent a threat to the community — so long as the community is not beating his auntie.”

Herman agreed with the prosecution that Stanley would not be suitable for a HYTA sentence, as he already has several juvenile convictions on his record and that, although he has only completed school up to the ninth grade, has one daughter with another on the way.

If the defendant successfully completes his probation and is able to remain crime free for five years, he will have the option of having the charge expunged from his record, Herman said.

“You need to commit to changing your life over the long haul, by remaining crime free, drug free and doing what’s right by the children you bring into this world,” Herman said to Stanley in court. “You take charge of your life, and you will be in control of getting this conviction behind you. You still have that opportunity.”

Also sentenced Friday:

• Dean Allen Kietzer, 42, to three years of probation for domestic violence and interfering with electronic communications.

• Annise Lamont Nickens, 43, of Dowagiac, to one year in jail for tampering with an electronic monitoring device.

• Benjamin David Kamp, 36, of Elkhart, to three years of probation for drug charges, operating with a suspended license and two counts of fleeing police.

• Gregory Lee Carter, 28, of Dowagiac, to 180 days in jail for possession of marijuana.

• David Michael Livingston, 45, of Dowagiac, to 30 days in jail for operating while intoxicated and resisting a police officer.