A three-time domestic violence offender who threatened a woman with a knife and then lunged at police with the weapon will serve prison time for the crime.

James Earl Kelly, 47, of Cass Street in Niles, was charged with third offense domestic violence. Kelly pleaded guilty to the charge on Oct. 4.

Berrien County Trial Court Judge Angela Pasula sentenced him Monday morning to serve a minimum of 14 months to a maximum of five years in the Michigan Department of Corrections. He has credit for 65 days served so far.

The charge stems from an incident that occurred on Sept. 23 at a Niles residence, where Kelly physically assaulted a woman who was an ex-girlfriend. According to Pasula, Kelly had been living there, although the victim had asked him to leave. Kelly held a knife to the victim’s throat and made motions to act as though he would cut her throat. He also punched her in the face and head at least nine times.

The incident was further exacerbated when Kelly refused to put down his weapon.

“You didn’t drop the knife when police told you to do so,” Pasula said. “According to the report, you lunged at them instead.”

The Niles Police Department officers who responded to the call tazed Kelly, the judge said.

The victim was present but did not wish to address the court Monday morning. She had written a victim impact statement, which Berrien County Prosecutor Jerry Vigansky asked the judge to re-read before sentencing Kelly.

Pasula also noted the severity of her injuries when police arrived, who that the victim’s face was swollen and cut.

“The victim has been repeatedly terrorized by you,” Pasula said.

According to the victim’s statement to the court, Kelly had planted butcher’s knives around the house, including one under the mattress with a handle sticking out.

“She was terrified,” Pasula said. “She felt like a prisoner in her own home.”

Kelly was represented by defense attorney Jason Engram, who said he disagreed with the recommendation for a prison sentence. Engram said his client had been a resident of the area for 47 years, and, throughout that time, had struggled with alcohol abuse and mental health issues.

“Before we send him to prison, we need to make sure there is not something else that needs to be addressed,” Engram said. “I would recommend probation and give him a chance to succeed or fail. Sending him to prison for 14 months, without trying probation, is a little over the top.”

When it was his turn to speak before the judge, Kelly said that he had been working to address his issues. He said he had been utilizing mental health care services.

“I apologize to [the victim], court and God,” Kelly said. “I will try to do better. This is the first time in 12 years that I have been in trouble.”

Pasula immediately disputed this claim. 

“You have been in a lot of trouble over the years,” Pasula said.

She cited the three convictions for domestic violence. She also said he had been to jail three times and probation three times, too.

In addition to his prison sentence, Kelly was ordered to pay $80 in restitution. He is also required to undergo a mental health evaluation and receive treatment based on the results.