Dowagiac residents sentenced on drug charges

Published 12:50 pm Friday, May 24, 2024

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CASSOPOLIS – Three Dowagiac residents were sentenced to probation on drug charges Friday in Cass County Circuit Court.

Swayer

Kimberly Kay Swayer, 50, of Dewey Street in Dowagiac, pleaded guilty to possession of methamphetamines and was sentenced to two years probation, credit for one day served and $1,548 in fines and costs.

The incident occurred Oct. 5, 2021 on Dailey Road near Mathews Street in Dowagiac.

“At age 50, she has a fairly extensive criminal history with five felonies and nine misdemeanors,” Cass County Prosecutor Victor Fitz said. “Her attorney did a good job for her, it’s not normal to have an intent to deliver reduced to possession. If that hadn’t happened, she could have very easily gone to prison today.”

“It’s real easy and real difficult to go straight,” he added. “It’s a simple formula but she needs to find the resources. If she stays away from drugs, we won’t see her here again.”

Defense attorney Robert Kardatzke said Swayer is starting a program in early June to address her condition and is also attending counseling classes.

     Cass County Circuit Judge Mark Herman said this offense predates another one Swayer was sentenced on last year and a probation sentence in Indiana.

“The agreement was that there would be no jail as long as you remain crime free,” he said. “I want you to keep up the positive work you’re doing. If you fall back, the next stop could be prison.”

Robison

Sandy Kay Robison, 45, of Louise Avenue, Dowagiac, pleaded guilty to possession of methamphetamines and was sentenced to three years probation, credit for 52 days served, completion of the Adult Treatment Court and Twin County Probation Program and $2,688 in fines and costs.

     The incident occurred March 6 in Dowagiac when police were called to a local store for a shoplifting incident. Meth was found after Robison was searched.

     “As you know, you’re a drug addict,” Fitz told Robison. “You will be one the rest of your life. The question is whether you will be in remission or be an active user. You’re 45 years old, half of your life is ahead of you. You have to ask yourself where you want to spend it.”

     “The reality is that because you’re a meth user, you’re supporting that supply chain coming from Mexico,” he added. “It’s a trail of tears and death. For you to get high, people have to die. The best thing for me is to never have to see you again and I mean that in a good way.”

     Kardatzke noted that this is Robison’s first felony conviction and that she is currently in the Twin County program and Adult Treatment Court. He said she is taking counseling classes and is looking forward to getting her own apartment and job.

     Judge Herman said that Robison could face more jail if she absconds from Twin County as she did once earlier this spring.

Eubanks

Reily Jacob Eubanks, 21, of Townhall Road in Dowagiac, pleaded guilty to two counts of possession of methamphetamines and was sentenced to three years probation under the Holmes Youthful Training Act, credit for 49 days served and $2,886 in fines and costs.

     The incidents occurred Feb. 21 in Cassopolis and March 5 in Dowagiac when he was stopped by police for having no plates. Eubanks can keep the felonies off his record if he is successful on probation.

     Eubanks said he wants to change his life and stay off drugs and added that he feels better since getting off drugs.

     “You’re starting to dig a hole for yourself,” Judge Herman said. “If you don’t change your ways, you will find you won’t be able dig your way out of it. These are considered high felony convictions. If you’re back here on another meth possession charge as a habitual offender, you could have guidelines as high as 10 years in prison.”

“If you think it’s hard to find a job with these pending, think about how hard it will be to find job after 10 years of prison,” he added. “ I hope you appreciate the seriousness of the situation. If you go to prison, you’ve been forewarned.”