Cassopolis resident sentenced on multiple charges

Published 8:45 am Monday, January 27, 2020

CASSOPOLIS — A Cassopolis man already serving a three-year prison term for being in possession of a stolen vehicle in 2018 received four more prison terms Friday in Cass County Circuit Court for drug, home invasion and larceny charges.

Kevin Michael Maxam, 53, of S. Rowland Street in Cassopolis, pleaded guilty to six felonies and one misdemeanor and was sentenced to four concurrent terms of six to 40 years in prison. He was given credit for time served for the other three charges.

Maxam was sentenced to prison for possession of methamphetamine, second-degree home invasion, receiving, concealing and possession of stolen property over $1,000 and less than $20,000, and larceny in a building, all as a habitual offender.

He was given credit for 278 days served, for maintaining a drug house, possession of marijuana and resisting and obstructing police, all also as a habitual offender. Restitution was ordered in the amount of $20,640 to the victims, but could be amended if new information is received about what was taken and what was returned.

The incident occurred Feb. 16, 2018, at a residence in the 500 block of E. State Street in Cassopolis. Maxam broke into the residence and stole a number of items, including a flat screen television, jewelry and guitars. Police located him shortly afterwards, but he fled before he could be arrested. He ended up being arrested and serving time in Elkhart County.

Maxam’s sentencing Friday came after Circuit Judge Mark Herman denied his request to have the proceedings adjourned so he could find another attorney. Judge Herman said Maxam’s claim that attorney Robert Drake did not raise due process violation concerns was not valid as Maxam did not have those rights due to being on probation at the time.

“You need to thank your attorney, not ask him to withdraw,” he said. “He got you a plea agreement for six years when your minimum otherwise could be nearly 15 years.”

Cass County Prosecutor Victor Fitz called Maxam a “clear and continuing danger” to the public.

“His record is extremely problematic. His actions speak far louder than his words,” he said. “His criminal history goes back to 1983 for drug, forgery and stolen property charges. … He has had an extremely negative effect on the community.”

While Maxam claimed that his main problem is his drug addiction, Judge Herman disagreed.

“Obviously you have more than a drug problem when you take things from people,” Herman said.

Two other area residents also received prison sentences Friday.

Dustin Michael Moran, 27, of Stateline Road in Edwardsburg, pleaded guilty to delivery/manufacture of methamphetamine and was sentenced to six to 20 years in prison. He was given a concurrent 23 months to 20 years prison term for delivery/manufacture of a controlled substance under 50 grams.

Moran was sentenced to time served, 147 days, for possession of marijuana and driving with a suspended/revoked license. He must pay $1,616 in fines and costs.

The incident occurred Feb. 20, 2017, on May Street in Edwardsburg. Police stopped him for seatbelt and driver’s license violations and a search of the car uncovered drugs and drug paraphernalia. Moran was not sentenced until now because he was incarcerated in Indiana.

“Sadly, prison is the best thing for everyone involved,” Fitz said. “It protects the public, gives him time to get clean and curb the slow death track he’s on.”

Defense attorney James Miller noted that Moran spent time improving himself while he was incarcerated in Indiana as he obtained numerous certificates for different skills.

Jai Villalobos, 40, of N. Front Street in Dowagiac, pleaded guilty to delivery/manufacture of a controlled substance, possession of a controlled substance and possessing contraband in the Cass County Jail and was sentenced to six to 30 years on the delivery/manufacture count and three to 15 years in prison on the other two counts.

All terms are concurrent, and he has credit for 212 days already served. He must pay $1,684 in fines and costs.

The incident occurred from May 17, 2019, to June 14, 2019, at the Cass County Jail, during which time he was able to smuggle drugs into the jail. He was in jail then after a jury convicted him of possession of meth and other controlled substances in April 2019. He was sentenced in May 2019 to jail and probation.

“Seven and 11 are not lucky numbers for this defendant,” Fitz said. “He’s had seven felonies and 11 misdemeanors in both Michigan and Texas. This episode created a dangerous situation in the jail when he had drugs smuggled in. … He needs to go to prison for a long period of time.”

In court Friday, Villalobos said he regretted his actions and wanted help.

“I know what I did was stupid and was wrong,” Villalobos said. “I know I have a problem I want help. I’m asking for help. I wasn’t trying to give drugs to other inmates.”

However, Judge Herman noted that Villalobos had stood in front of him before for similar offenses.

“The last time you were here, I gave you an opportunity to participate in a program,” Judge Herman said. “You told me the same thing you’re saying now, and I went along with it. Now you’re here again. I told you then that you had to make a choice on where you want to end up in life. Now there are consequences.”