Man sentenced for domestic violence, intimidating witness

Published 8:46 am Monday, January 29, 2018

CASSOPOLIS — A Marcellus man who assaulted and later intimidated his girlfriend has been sentenced to a lengthy prison stay.

Cass County Circuit Court Judge Mark Herman sentenced Michael Whitney Harris, 45, of the 16000 block of Church Street in Marcellus, to 93 days in Cass County Jail for domestic violence, to six to 20 years in the Department of Corrections for assault by strangulation and four to 15 years for witness intimidation. His sentences will run concurrently.

Harris, a habitual offender, pleaded guilty to the charges at a court appearance on Nov. 27, 2017.

Michael Whitney Harris

The charges stem from an incident that took place on Aug. 14, 2016, at Harris’ Marcellus home.

Harris got into an argument his girlfriend after she confronted him about soliciting sex from an underaged prostitute in Elkhart. The argument then continued to the point where Harris assaulted his girlfriend and threatened to slit her throat for refusing sex.

He later took the victim’s phone and held her against her will by putting a dresser against the bedroom door, keeping the victim from leaving to receive medical attention until several hours later when Harris himself left the residence.

Later, Harris contacted his girlfriend in order to get her to change her story and drop charges, according to the presentence investigation report. This action resulted in an additional charge of witness intimidation.

According to the presentence investigation report, Harris had assaulted his girlfriend many times over the course of their 10-year relationship, with some assaults requiring medical attention.

During court, Cass County Prosecutor Victor Fitz called Harris’ actions “disturbing” and “a homicide in waiting.”

“He’s a bully. He’s a thug. He’s a coward,” Fitz said of Harris. “And when he gets caught is there contrition? No. There’s manipulation and he tries to get witnesses not to come forward. … This man has no regard for the rules of society.”

Fitz said that the victim and her family had contacted the prosecutor to say that Harris had contacted them and threatened them.

Due to Harris’ actions, Fitz asked the court to sentence Harris to at least eight years in prison.

At sentencing, Harris spoke to the court, expressing regret over his actions, saying that  his behavior was due to drug addiction. He asked Judge Herman for leniency and to be admitted into the Swift and Sure Probation Program, which would have allowed him to stay out of jail with intense alcohol and drug monitoring.

“I know I can change and want to be sober. I’m tired of letting my family, my children, myself down,” Harris said. “I think intensive, outpatient therapy can help me control my addiction.”

Despite Harris’ plea, Herman told him that Harris’ past violent behavior, including assaulting police officers, disqualified him from being a candidate for the Swift and Sure Program.

Herman said the saddest thing about this case for him was a letter he received from the victim, where excused Harris’ behavior and blamed herself for the assault.

“That is the classic domestic violence syndrome,” Herman said of the letter. “That letter, to me, tells how big of an abuser you really are. For a victim to write a letter after what you did shows me the kind of person that you are.”

During court, Herman warned that Harris would need to get his anger and drug issues in check if Harris wants to be a productive member of society.

Due to an agreement between the defense and the prosecution, Herman agreed to allow Harris’ sentences for domestic assault and witness intimidation to run concurrently.

“You should thank your attorney for that,” Herman said to Harris. “If there is anyone that deserves a consecutive sentence, I think it’s you, but I will adopt the agreement, accept the pleas and sentence
you accordingly.”