Local men get time served on drug, sexual assault charges
Published 6:40 pm Saturday, April 6, 2024
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CASSOPOLIS — Two men who are already in prison were sentenced for credit for time served Friday in Cass County Circuit Court.
Duncan
Franklin Ray Duncan, 41, of Berrien Springs, pleaded guilty to possession of methamphetamine and was sentenced to credit for time served and $1,548 in fines and costs.
The incident occurred Dec. 19, 2022 when he was stopped by police in Pokagon Township for expired plates. A search of the car found meth.
Duncan is currently in state prison after being sentenced last August in Berrien County Trial court for assault with intent to commit second-degree criminal sexual conduct and third-degree home invasion aggravated stalking. He was sentenced then to three concurrent terms of 36 months to five years in prison.
Judge Herman noted that any sentence Duncan would get for the possession of meth conviction would be eaten up by the time he’s already serving from the Berrien County case. His earliest release date in that case is April 5, 2026.
Fitz said Duncan has an extensive criminal history with 20 convictions in Indiana, Florida and Nebraska besides Michigan. “It doesn’t matter where you are, you need to change who you are,” he said. “Getting off drugs will be a huge thing for him.”
Mitchell
Michael Allen Mitchell, 32, formerly of Niles, pleaded guilty to assault with intent to commit sexual penetration and was sentenced to credit for time served, registering as a sex offender and $1,048 in fines and costs.
The incidents occurred between 2011 and 2016 against a young boy in Cass County. Mitchell was sentenced in 2017 on five felony counts including criminal sexual conduct involving the molesting of a young girl in Cass County. His earliest release date from those convictions is May 19, 2033.
Fitz said that Mitchell needs to be held accountable for his actions in the current case and have the conviction on his record. “He needs to understand he is paying a price for what he did,” he said. “He will have a lifelong albatross around his neck … He needs to pay the price for this and other crimes he perpetuated.”
