Niles man to serve prison time after committing crimes
Published 9:08 am Tuesday, December 12, 2017
NILES — A Niles man who wielded a machete at a woman, damaged her property and threatened her while on drugs will serve time in prison for the crimes.
James Howard Nichols, 28, Broadway Street, was charged with assault with a dangerous weapon, use of methamphetamine and second-offense domestic violence. Nichols pleaded guilty as charged to the offenses Nov. 1.
Berrien County Judge Angela Pasula sentenced Nichols to a minimum of 18 months to a maximum of four years to the Michigan Department of Corrections for the assault with a dangerous weapon charge. For the other two charges, Nichols was ordered to serve 300 days in any penial institution.
The crimes occurred at approximately 10:55 p.m. Oct. 20, when the Niles Police Department responded to a report of a domestic violence on Broadway Street.
At the scene, officers spoke with the 75-year-old victim who said that she had been trying to call the police when Nichols, who was armed with a machete, grabbed the phone from her. Court records state that Nichols then threatened to cut the victim with the machete if she tried to call the police.
Nichols was also reported to have slashed the door of the victim’s home with the machete, and grabbed the victim by the hair and slapped her back. A witness who was at the residence at the time of the altercation corroborated the victim’s story.
In the basement of the home, police found drug needles and an Altoids tin, which tested positive for methamphetamine residue.
Pasula asked Nichols in court Monday why the victim had been trying to call the police in the first place.
Nichols told the court he had been coming down from a drug high, when some people he did not like showed up at the residence and an altercation ensued. He said the victim became alarmed and tried to notify the police.
“Did it have anything to do with the machete you were swinging around,” Pasula asked. “I would think anyone had the right [to call the police] if someone is swinging a machete around.”
The victim also addressed the court Monday and said what she wanted was for Nichols to get help. The victim denied that Nichols never threatened to cut her fingers off with a machete, despite the statements provided in court records.
“I don’t think prison is the answer,” she said. “I think probation would be better, not having him incarcerated. I just want him to get some help.”
The victim said she was not seeking any restitution to repair her door.
Defense Attorney Scott Sanford said his client’s criminal history record mostly stemmed from problems with alcohol abuse. He also told the court that Nichols had not had success holding down a job, and that a program like Swift and Sure and the KPEP program could give him the life skills he needed to recover from his substance abuse issues and develop life skills to have a job.
“Here is the big point, judge, the court reserves the right that, if he doesn’t toe the line, he can go to prison at another time,” Sanford said. “Rather than a prison sentence, I would recommend that he be given the chance to move on to adult life.”
When it was his turn to address the court, Nichols said he was sorry and asked for another chance to prove himself.
“I actually do feel very bad,” Nichols said. “The whole situation, I don’t think was acceptable. I was coming down from drugs and I was wrong. I just ask that you give me an opportunity to show that I am a changed person.”
Pasula said Nichols had been given that chance on multiple occasions. She cited Nichols’ 19 jail sentences, four probation sentences — three of which were revoked — one prison sentence and 16 different contempt of court convictions.
“You were afforded those opportunities to turn your life around, to get off drugs and get counseling,” Pasula said “You were ordered by the court to do that. That is the only thing I see that is consistent is that you continually ignore the orders of the court.”
Nichols also has a warrant for a theft charge in Illinois. He was previously convicted of domestic violence on July 26, 2016.
Nichols has credit for 52 days served in jail. He was also ordered to undergo a mental health and substance abuse assessment, and receive treatment based on the results. Anger management counseling was also recommended.
“Before you can turn your life around, you have to accept responsibility for your own actions and choices,” Pasula said. “You certainly have not been doing a good job of that. If what you really want is redemption, you have to earn that.”