Dowagiac man gets jail time for Niles Township assault

Published 3:09 pm Tuesday, December 12, 2023

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NILES — A Dowagiac man was sentenced to jail Monday in Berrien County Trial Court in an assault case.

Lydell Jamar Burt, 33, of Dowagiac, pleaded guilty to attempted assault with a dangerous weapon and was sentenced to two years probation, 90 days in jail, 120 days Scram tether and $658 in fines and costs.

That incident occurred Feb. 24, 2023 at a business in Niles Township.

He also pleaded guilty to aggravated assault and was sentenced to 90 days in jail and $1,149.98 in fines, costs and restitution.

That incident occurred June 7, 2021 in Niles. The victim in that case spoke before sentencing and said she has been in counseling since the incident.

Defense attorney Sean Drew noted that Burt has had an anger problem since an incident in his youth where he was in the Berrien County Jail and wasn’t treated for an ear infection that led to brain damage, a situation that resulted in a civil lawsuit settlement.

“It’s not by any means an excuse but a matter of understanding his actions,” he said.

Berrien County Trial Judge Jennifer Smith said she couldn’t ignore two serious assault incidents and noted that she would have thought Burt would have known better about drinking alcohol after the 2021 incident.

“You have an issue with alcohol but you have the ability to choose not to use alcohol,” she said.