Property destructor gets jail time

Published 9:37 am Tuesday, July 25, 2017

A Buchanan man who contributed to multiple counts of residential property damage was sentenced Monday at Berrien County Trial Court.

Nineteen-year-old Austin Andersen, of Buchanan, was sentenced to 120 days in the Berrien County Jail for malicious destruction of property for damage that cost greater than $1,000 and less than $20,000. Andersen will also serve five years of probation and 60 days on the DOC tether. He was also sentenced concurrently to serve 60 days in the Berrien County Jail for a separate incident of assault and battery. Andersen has credit for seven days served in jail.

Andersen was deemed guilty as charged on June 14.

The charges relate to property damage stemming from multiple incidents which occurred between February and April, in which Andersen, in the company of five other people, damaged property across Niles Township and in several areas outside of the city. The damages included broken car windows, spray paint, slashed tires, and smashed mail boxes and satellites.

Andersen confessed to doing the majority of the damage, a police report stated, while another male involved confessed to contributing.

According to a police report there were more than 29 cases of reported damage. One incident involved 28 victims. The damages are estimated to cost in excess of $4,961.

Police had been investigating the damages for weeks, when an anonymous tip led them to Andersen.

Three of the property damage  victims spoke out during the sentencing.

One woman said that three of her car tires had been flattened and an expletive had been spray painted in bright pink across her car. She asked Andersen why the crime had been committed.

“Mine was very personal,” the victim said. “You wrote on my car. He thinks this is funny. He needs to grow up.”

Another victim who spoke said her car window and tail light had been smashed. Because of the damage, the victim said she had to miss an important meeting with a business client, because she could not drive her car.

“A significant part of my income was lost and it was because of you,” she said. “Sometimes it’s not just the physical damage that you do. There’s collateral damage, too,”

Defense Attorney Scott Sanford called the crimes “senseless, ridiculous, juvenile behavior.”

Despite that, he asked the judge to give Andersen the chance to go to work and pay back those he had harmed. Sanford pointed out that Andersen had no prior criminal record.

“This is a young man of 19 years of age, who has never been in trouble,” Sanford said. “Hopefully he can move on. He has a lot of life in front of him. I would not like to see the court handicap him and make him unable to fulfill responsibilities he has to the victims and to become a better person.”

For his part, Andersen said when he committed the crimes he had not been taking medication and had been peer pressured into the crimes.

“I would like to apologize to all the victims and let them know that I feel bad,” Andersen said. “I feel horrible for what I did. I will guarantee that it never happens again. And I can guarantee that I will never be in front of you in this court room again.”

Pasula asked Andersen to think about his deliberate actions and the people he had hurt in the process. The number of victims involved was astonishing, she said.

“You went on a whim and destroyed their property and in many ways, you destroyed them,” Pasula said. “You were really terrorizing this community. You impacted people’s feelings of safety and security.”

In addition to his punishment, Pasula ordered that he write each of the victims a personal apology note.

According to the police report, the other male who committed damages will also be charged with malicious destruction of property for more than $1,000 and less than $20,000.

The other four co-defendants are being charged with malicious destruction of property less than $200.

Also Monday:

• Michael Zimmerman, a homeless man, was charged with assault with intent to do great bodily harm less than murder. He was sentenced to a minimum of 36 months to a maximum of 10 years in the Michigan Department of Corrections.

• Thomas Pasman, of South Bend, was charged with alluding an officer. He was sentenced to 180 days in jail.

• Holly Merkling, of Berrien Springs, was charged with uttering and publishing. She was sentenced to two years of probation and 90 days in any penial institution.