Woman gets probation for marijuana posession

Published 8:00 am Monday, November 18, 2013

CASSOPOLIS – A 54-year-old Dowagiac woman walked out of a Cass County Circuit courtroom with tears in her eyes Friday morning, after being sentenced to 18 months probation on charges of marijuana possession and maintaining a drug house.

When asked for a statement during the hearing, Deborah Duffy told residing Judge Michael Dodge that the reason police found marijuana at her residence was because her son had stowed it there so it wouldn’t be found in his possession.

“I’m very embarrassed to be here today,” Duffy said. “My older son selfishly did this to me, and all I can do is apologize for my actions.”

However, Dodge said that woman’s account of the circumstances surrounding her arrest during the sentencing hearing conflicted her prior testimony.

“Those claims are in sharp contrast to your sworn testimony that you gave to me, when under oath, when you plead guilty,” Dodge said. “I asked you some questions about it. You admitted to me that you were in possession of marijuana, that it was in your bedroom, that you knew it was marijuana, and you told me it was for your own use.”

Duffy plead guilty to both charges on Oct. 17, which arose when officers with the Berrien County Sheriff’s Office discovered marijuana during a search of her Oak Street residence on July 4. Dodge said that Duffy consented to the search of her home while being questioned by the officers over a pair of break-ins that occurred in the home of one of her friend’s boyfriends.

Prior to sentencing, Prosecutor Victor Fitz told the judge that the police said in their report of the incident that Duffy told the police there was no marijuana inside the residence prior to the search.

“In this instance, things that weren’t legal were happening, she knew it, and she allowed it happen,” Fitz said.

Duffy had no previous convictions on her record before pleading guilty to these charges.

Also sentenced Friday was 28-year-old Amy Grose, who was also given 18 months probation on charges of attempting to furnish a cell phone to a prisoner. Grose plead guilty to the charge, which stemmed from an incident in May 30 where the woman provided the use of her phone to her husband, who is currently incarcerated in Cass County jail.

“I know the influence of your husband is certainly something I take into consideration,” Dodge said. “But you needed to stand on your own two feet and resist his attempts to take possession of your cell phone.”

Another case on Friday’s docket was the sentencing of Dowagiac man Vernon Gresham, 47, on charges of domestic violence. However, the hearing was adjourned until Dec. 6 as he sought new council.

Also sentenced Friday were:

•Johnathan Deak, 29, of Harbor Springs, to 18 months probation on charges of delivering and manufacturing of marijuana. Deak pleaded guilty to the charges, which arose from an incident in March of 2012, where Deak sold marijuana to a police officer. Although Deak is licensed to dispense marijuana for medicinal purchases, state law prohibits individuals from distributing the substance to patients who haven’t registered them as their caregiver, Dodge said.

•Kristina Knight, 31, of Cassopolis, to two years probation for multiple charges, including the operation of a methamphetamine lab. Knight was originally charged after being arrested by police following a warranted search of her home on June 27, where they discovered evidence that she and her husband were involved in the manufacture and use of methamphetamine, Dodge said.

•Dustyn Knisley, 19, of Edwardsburg, to 18 months probation on charges of assault with a deadly weapon. The charges stemmed from an incident that occurred on July 31, where police said that Knisley shot his girlfriend, Susan Moler, in the leg with a BB gun. In addition to his probation and court fees, Dodge ordered Knisley to pay $180 in restitution to Moler.

•Craig Stump, 52, of Union City, to two years of probation on multiple drug related charges, as well as a charge of illegal firearm possession. These charges arose from a warranted search of his residence by the Cass County Drug Enforcement Team on May 20, where officers discovered evidence that Stump was in possession of and using methamphetamine.