Elkhart woman sentenced to up to 30 years for drugs in Cass County

Published 8:42 am Monday, March 2, 2020

CASSOPOLIS — Cass County Circuit Judge Mark Herman called Friday his “hardest day” on the bench as he sentenced an Elkhart woman to prison after she relapsed and started using drugs again after having gone through court-ordered drug treatment programs.

Denise Ann Flora, 45, of Elkhart, was sentenced to concurrent prison terms for violating her probations from 2017 and 2018 meth, marijuana and other drug convictions. Her probation was revoked, and she was sentenced to 76 months to 30 years in prison. She has credit for 59 days already served.

“This is probably the hardest day since I’ve sat on the bench,” Judge Herman said. “We poured our heart and soul into your recovery. There were times you did phenomenally well. I don’t necessarily disagree that our programs should be longer, but you had the tools you needed. We have offered you everything we can offer you.”

Flora, who sobbed throughout the proceedings, said she
needed help.

“I’ve struggled my whole life with addiction,” she said. “I don’t think I should be sent to prison for violating my probation. I feel like I need more structure and help than I was given. I’d just like a chance. … I’m sincere in wanting help and recovery. I’ve been in and out of prison, and it never taught me anything.”

“It’s not all about poor, poor pitiful me,” said Cass County Prosecutor Victor Fitz. “I know this is emotional, but she’s an adult and needs to put away childish things. She needs to be an adult. She’s hurting her kids and the whole community. Using and dealing meth leads to other crimes. She needs to get serious about recovery.”

Defense attorney Robert Drake asked Judge Herman to not just look at how Flora violated her probation but the good things she did while on probation.

“I don’t think the baby should be thrown out with the bath water,” he said. “She did complete Swift & Sure and did a lot of positive things. She tried to address lifelong problems in a short time.”

In another sentencing, the young woman who drove drunk and injured a passenger in her pickup truck was sentenced to probation and tether.

• Santanna Amber-Marie Mosher, 22, of Dutch Settlement Road in Marcellus, pleaded guilty to operating while intoxicated causing serious injury and was sentenced to 18 months’ probation, 90 days in jail, which can be served on tether, forfeiture of her vehicle, $1,938 in fines and costs and $315 in restitution.

The incident occurred June 9 at Hoffman and Kirk Lake Roads in Newberg Township. Mosher failed to negotiate a curve and a passenger, riding in the bed of the truck fell out and fractured his skull and neck. Mosher’s blood alcohol level was .122, one and a half times the legal limit.

“This is a textbook example of weapons, intoxication and vehicles being a recipe for trouble,” Fitz said. “The victim has skull and neck fractures and still has more surgeries coming. … You can drink yourself into oblivion but don’t get behind the wheel of a vehicle. She literally dodged a bullet — she could have been facing a felony firearm charge.”

“I’m really sorry. This was a really big mistake on my part,” Mosher said. “I shouldn’t have been driving in the first place.”

The judge told Mosher that she could have been looking at much more serious consequences.

“This is your first criminal charge, and it seems to be the result of stupidity,” Judge Herman said. “You’re lucky. If the victim had died, you would be looking at prison. You have a four-year-old daughter. You need to grow up and stop partying.”

Also in court Friday:

Jeanna Renae Bailey, 60, of Union Road in Union, pleaded guilty to third offense drunk driving and was sentenced to two years’ probation, 90 days in jail with the last 60 on tether, 480 hours of community service, revocation of her license, $1,788 in fines and costs, and $160 restitution.

The incident occurred Aug. 22 on U.S. 12 near M-217 in Union. Her blood alcohol level was .15, nearly twice the legal limit.

• Donald Scott Dinger, 47, of South Bend, pleaded guilty to drunk driving and attempted carrying a concealed weapon. He was sentenced to credit for one day served and $550 for the drunk driving, and 18 months’ probation, credit for one day served, $1,938 in fines and costs and $162.04 restitution.

The incident occurred Aug. 17 at M-62 and Redfield Road near Edwardsburg when he was stopped by police. His blood alcohol level was .15 and a pistol was found in his car.

Nancy Bethanne Reed, 40, of North Shore Drive in Edwardsburg, pleaded guilty to possession of methamphetamines and was sentenced to 18 months’ probation, credit for 38 days served, six months license suspension and $2,288 in fines and costs.

The incident occurred Sept. 10 at U.S. 12 and M-62 in Edwardsburg.