Dowagiac man sentenced on multiple charges

Published 8:44 am Monday, September 23, 2019

CASSOPOLIS — A Dowagiac man who engaged in a road rage incident against a former girlfriend is going to prison after being sentenced Friday in Cass County Circuit Court.

Travell Weakley, 28, of Third Avenue in Dowagiac, was convicted of five counts after an August jury trial and was sentenced to concurrent terms of 20 months to four years in prison for assault with a dangerous weapon and credit for time served, 248 days, on four misdemeanor counts. He must also pay $1,748 in fines and costs.

The four misdemeanor counts were domestic violence, reckless driving, leaving the scene of a property damage accident and driving with a suspended license.

The incident occurred April 13 on Robinson Road near Cemetery Street in Cassopolis when he forced his former girlfriend off the road three times and attempted to force his way into her car. Police found the bumper of his car at the scene of the accident but did not find his car until later.

The victim spoke before sentencing.

“This has been an ongoing problem. He’s always the victim, and he doesn’t take any accountability,” she said. “I don’t want to live the rest of my life in fear. … I hope he takes advantage of the programs in prison so he can be a better person.”

Chief Assistant Prosecutor Tiffiny Vohwinkle called Weakley a danger to the public.

“He has three personal protection orders against him from three different women and has committed six assaultive crimes,” she said. “His actions in this incident could have killed her, and others could have also been hurt. He deserves prison.”

Defense attorney James Miller acknowledged that his client has issues, but argued for a sentence at the low end of the guidelines.

Weakley said he had not had the “best luck” in relationships, but said he was not always at fault.

“I don’t think prison will help my relationship and parenting skills,” he said. “This situation I got into is a major setback. I haven’t been in prison for nine years, and I promised my son that I wouldn’t do anything to go back to prison.”

Despite this, Cass Circuit Judge Mark Herman said the evidence against Weakly was credible.

“The evidence in this case was overwhelming,” Herman said. “Not only did you hit her car, you hid your car, you lied and tried to get others to lie. There doesn’t appear to be any bit of remorse on your part. Your only concern is what you want.”

Also in court Friday:

• A South Bend man who has agreed to testify against his uncle about break-ins around Magician Lake is getting the chance to stay out of prison.

Nicholas James Followell, 28, of South Bend, pleaded guilty to second-degree home invasion and conspiracy to commit second-degree home invasion and was sentenced to three years’ probation, credit for 10 days served, $1,908 in fines and costs and $5,328.93 restitution. He must also complete the Swift & Sure and Twin County Probation programs.

The incident occurred Jan. 11, 2018, at a residence on County Line Road near Dowagiac. Police caught him, his uncle and another person breaking into a property near Magician Lake. They later connected the trio to other break-ins in the area.

Defense attorney Greg Feldman noted that Followell’s sentencing had been adjourned six times in an effort to get him into the Swift & Sure Program.

“The adjournments did bear fruit,” he said. “He did testify against his uncle. He didn’t sugarcoat it or hide anything, and he could still have to testify again.

“With Swift & Sure, he still faces prison guidelines if he fails. It’s a massive carrot and stick,” Feldman added. “He really wants this opportunity to change the trajectory of his life. He wants to be a different man.”

Followell said he wants to be a “stand up citizen.”

“I know I have a bad past history but I want to be a good husband, father and son,” he said.

Judge Herman told Followell that he had initially been ready to send him to prison but had changed his mind over the months.

“Your life was a train wreck,” he said. “I was originally going to send you to prison. Now we have a Swift & Sure recommendation. I hope you’re sincere. Swift & Sure is not an easy program.”

Followell thanked Herman for the opportunity to stay out of prison.

• Jonathan Tyler Nash, 21, of South Bend, was found guilty of breaking and entering-illegal entry and conspiracy to commit illegal entry by a jury last October and was sentenced to credit for two days served, $1,025 in fines and costs and $125 in restitution.

The incident occurred April 19, 2017, at a location on Calvin Hill Street near Cassopolis.

Judge Herman noted that Nash appears to have gotten his life under control and is already on probation from Indiana cases.

• Leon Lindell Myrick, 30, of Elkhart, pleaded guilty to possession of narcotics and was sentenced to two years’ probation, 180 days in jail with credit for 29 days served and $1,788 in fines and costs. He can serve the last 90 days on tether. He was sentenced to 90 days in jail with credit for 29 days served and $550 for drunk driving.

The incident occurred Sept. 7, 2018, at M-60 and Calvin Center Road near Cassopolis. Myrick ran the stop sign on Calvin Center Road and hit a vehicle with four people inside who were not injured. Myrick was unresponsive and turning blue when police found him and gave him two doses of Narcan.