The husband of the Niles Township woman shot and killed Sunday has been charged with first-degree premeditated murder, according to Berrien County Prosecutor Michael Sepic.

John Benton Lewis, 49, was arraigned at the Berrien County Courthouse in St. Joseph Wednesday on the charge of allegedly killing his wife, Carla Jean Lewis, 55. If proven guilty, Lewis could serve a mandatory prison sentence of life without parole for the felony crime.

Family and friends of Lewis filled the courthouse seats. With emotions running high in the Berrien County courtroom, a bailiff warned those in the audience that they were forbidden to interrupt the proceedings and that there were enforcements on hand to make arrests, if need be.

Lewis then appeared on screen before Berrien County Judge Arthur Cotter, who said there was probable cause to believe that Lewis had committed the offense, though Cotter gave little detail as to what those causes were.

An autopsy performed Monday morning revealed the victim had five gunshot wounds, including one to the head, which was fatal, according to the Berrien County Prosecutor’s Office.

When police were called to the residence at 1429 Lawndale Ave. in Niles Township Sunday, Lewis told officers that two African American males had unlawfully entered his home and shot his wife.

However, the autopsy, a forensic investigation of the crime scene and witness interviews led the police to charge Lewis with first-degree premeditated murder.

Before Lewis was charged with murder, police discovered he was not in compliance with the Medical Marijuana Act, and he was charged with the manufacture of medical marijuana, a four-year felony. He was arraigned for this charge Tuesday, and the judge set the bond at $7,000, 10 percent. His pre-exam conference was set for Aug. 23 and his preliminary examination hearing was set for Aug. 29, both at 8:30 a.m. in Berrien County’s Drug Court.

Prosecutor Jennifer Smith brought up the statement Lewis made to police during the arraignment Tuesday.

“I would notify the people that a ruse was used in terms of trying to make this look like a home invasion,” Smith said.

Smith also cited Lewis’ criminal history which included a previous burglary conviction in Elkhart in 1986; a 1996, arrest for marijuana in Bremen, Indiana and a 2001 arrest for maintain a common nuisance in Elkhart.

Smith recommended a $1 million bond.

Defense attorney Brandon Barthelemy said Lewis has been a Berrien County resident for 12 years, eight of which were lived at his home on Lawndale Avenue. He said that Lewis is a father and grandfather who has always been involved in his family’s lives.

He said Lewis has never been convicted of a violent crime and never failed to appear in court.

“We understand the seriousness of the charge, your honor,” Barthelemy said. “But we would like you to be informed that he is presumed innocent.”

Sepic also echoed this and stated that the charges are merely accusations and the defendant is innocent until proven guilty.

Lewis is a cancer survivor and was known around Niles for his advocacy of medical marijuana. During debates on the subject earlier this year, Lewis could be spotted holding a sign in front of city council quipping “Like pot? Me too.” He owns two businesses in the area relating to the issue, including Seven Leaves and Cannabis Cares.

Barthelemy recommended that Cotter set a “reasonable” bond for $250,000.

In response, Cotter again referenced the probable cause for the charge.

“I have read through the probable cause sheet submitted by the investigating officers. It goes without saying how serious this offense is,” Cotter said.

Cotter then set Lewis’ bond for the murder charge at $1 million, with mandatory GPS monitoring. His pre-examination conference was set for Aug. 23 and his preliminary examination hearing for Aug. 29, both in Berrien County’s Niles courthouse.

Police are continuing to investigate the crime and more information will be released at a later date.