Niles shooting suspect sentenced on unrelated charge

NILES – A former Niles resident accused in a shooting incident last summer in Niles was sentenced Monday on an unrelated charge in Berrien County Trial Court.

Day-Shawn Lavell Smith, 22, now of Benton Harbor, pleaded guilty to attempted carrying a concealed weapon and was sentenced to 287 days already served and $198 in fines and costs.

The incident occurred May 9, 2019, when he was stopped in Oronoko Township and police found a weapon in his vehicle.

Berrien County Assistant Prosecutor Jerry Vigansky said Smith is scheduled to go on trial sometime in October on the charges related to a Niles shooting incident. That trial has been delayed due to the COVID-19 pandemic.

Smith faces armed robbery, assault with intent to murder and felony firearm charges in connection with the Niles incident. That incident occurred last August in the 600 block of Wayne Street in the city. Police received a 9-1-1 call reporting that a gunshot victim was lying in the street.

In other business, an Edwardsburg man was sentenced in two cases.

Jeremy Paul-Martin Cadwell, 28, of Edwardsburg, pleaded guilty to fourth-degree fleeing and eluding police and was sentenced to three years’ probation, credit for 16 days in jail already served and 120 days on tether. He must pay $598 in fines and costs.

He was also sentenced to credit for 16 days served and $125 in fines and costs for use of methamphetamines.

The incident involving both cases occurred April 27 in Niles Township.

Berrien County Trial Judge Sterling Schrock ordered Cadwell to attend the Jobs for Life program and told him that this would be a “zero tolerance probation.”

“The only reason I’m putting you on probation is the pandemic,” he said. “This is basically a zero-tolerance probation.”

Judge Schrock noted that Cadwell’s sentencing guidelines were zero to 17 months in prison on what is a two-year felony.

“You scored 0 to 17 on a two-year felony because of your past record,” he told Cadwell. “You have had multiple opportunities to show you could comply.”

“You’re past the age where your actions can be explained by youth,” he added. “You’re old enough to not be behaving this way. You were using meth and then fell asleep on the side of the road. You’ve had multiple probation failures and are almost to the maximum on the guidelines. You don’t learn.”

A Dowagiac woman was sentenced to probation for attempted obtaining a prescription drug by fraud.

Laura Lee Friske, 56, of Dowagiac, pleaded guilty to attempted obtaining a prescription drug by fraud and was sentenced to two years’ probation and credit for two days already served. She must pay $598 in fines and costs and will have her driver’s license suspended for 180 days.

The incident occurred Nov. 13, 2019, in the city of Niles.

Judge Schrock ordered Friske to get a job.

“She’s been unemployed for a long time and is on SSI,” he said. “I want to try to get her employed.”

He noted that Friske was not only getting drugs for another person but for herself as well.

“I don’t want you to cast it off as helping someone else,” he said. “You have a problem with drugs yourself too. Once you’re addicted, it’s lifelong.”

 

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