Niles man assaults couple with box cutter, gets prison

Published 9:05 am Tuesday, July 11, 2017

By Debra Haight

Special to Leader Publications

A Niles man is going to prison after assaulting his ex-girlfriend and her new boyfriend with a box cutter.

Simeon Lee Fox, 55, of Ferry Street in Niles, pleaded no contest to attempted assault with intent to do great bodily harm less than murder and was sentenced Monday in Berrien County Trial Court to 38 months to five years in prison. He has credit for 105 days already served.

Fox must pay $1,598 in fines and costs and $550.97 in restitution. He also faces sentencing for use of cocaine next week before Berrien County Trial Judge Charles LaSata in St. Joseph.

Simeon Fox

The assault incident occurred March 5 in the Niles Rite Aid parking lot on South 11th St. when Fox got into a fight with the couple and cut both of them with a box cutter.

Berrien County Trial Judge Angela Pasula said Fox had one of the lengthiest criminal records she had ever seen. She noted that he has been to jail 26 times, been on probation four times with it revoked three times and had five prior assault convictions.

“You have 34 prior misdemeanors which might be the most I’ve ever seen,” Pasula said. “You have five prior felonies and you have been to prison twice before. You were upset with your ex-girlfriend and her friend. You were arguing, you were angry upset and you chose to fight. You sliced both of them. He’s lucky that you didn’t slice him through the eyeball. He has a cut from his forehead to his cheek and needed 20 stitches. He will forever wear the scars of your violence on his face.”

Fox acknowledged that he made a bad judgment and was sorry, but maintained that he was acting in self-defense.

“Two 33 year olds were beating up on me, I had no intention of hurting anyone,” Fox said.

In another sentencing, a Niles man who assaulted his girlfriend was sentenced to jail and probation.

William Thomas Skalla, 29, of Broadway in Niles, pleaded guilty to attempted assault with intent to do great bodily harm less than murder and was sentenced to three years probation, 180 days in jail, completion of the Kalamazoo Probation Enhancement Program, 180 days on tether and $2,058 in fines and costs. He has credit for 49 days served.

The incident occurred May 21 at a residence on Broadway when he assaulted his girlfriend by punching her in the head, hitting her in the face and trying to suffocate her.

The victim spoke before the sentencing and said she was scared for her life after the incident.

“I had to speak out, I don’t want to end up losing my life because I was too scared to speak out,” the victim said. “I don’t want any other woman to go through this.”

Skalla said his actions were “appalling” and said he’s no longer the “man I want to be” because he is a “slave to alcohol.”

“I realize my actions cannot be excused,” Fox said. “Today is the first step on a long journey, I’m asking for the chance to do better.”

Judge Pasula described the incident as a very significant assault offense. She noted that Skalla has 18 prior misdemeanor convictions, been on probation five times with it revoked four times and been to jail six times.

“You don’t have to wait to turn your life around,” Pasula said. “Alcohol doesn’t strike out and hit. You were ordered not to drink and to get help and you obviously haven’t done that. The problem is the choices you make, violence is a choice. Other people drink and don’t hit.”

In a drunk driving sentencing, a Niles man was sentenced to probation and jail after driving drunk with his young child in the back seat.

Aaron Carl Simrell, 36, of Woods Edge in Niles, pleaded guilty to third offense drunk driving and was sentenced to three years probation, 120 days in jail, completion of the Kalamazoo Probation Enhancement Program, 120 days tether, 480 hours of community service, $1,878 in fines and costs and $186.58 in restitution. He has credit for 42 days served.

The incident occurred May 30 in the McDonald’s parking lot on South 11th Street, in Niles. He was previously convicted of drunk driving charges in 2000 and 2016. His blood alcohol level in this case was .15, nearly twice the legal limit.

“You’re a danger to yourself and everybody else,” Pasula said. “You’re taking your personal problem and making it a public one. This is more than just bad judgment, this is repeated criminal activity.”