By By NORMA LERNER / Vigilant/Argus
CASSOPOLIS – Coming close to going to prison Friday in Cass County Circuit Court was 18-year-old Shemberly Heath of Higgins Street, Niles, on a conviction of conspiracy to commit armed robbery on Spaulding Street, Dowagiac.
Heath with her boyfriend, Terrance Nailon, on Aug. 8 herded some people from a residential area into a nearby home and stole personal belongings from them.
In fact, Judge Michael Dodge said the pre-sentence report didn't show Heath at the scene, but she admitted to conspiracy. Heath has no prior record and provided information to the prosecutor. Dodge said he was planning to send Heath to prison for two years but the prosecution was favorable on her behalf
"The prosecutor said you will make good on your promise. You will testify against your former boyfriend," Dodge said.
Heath will receive three years of probation with the first year in jail. Her probation fee will be determined by the probation department. She received credit for 169 days served and must pay $630 in costs.
A Dowagiac man who made a habit of breaking into homes and stealing what he could and who failed to register as a sex offender will see prison bars for at least 51 months and up to 30 years.
John Moore, 43, got 51 months as a third-offense habitual offender for second-degree home invasion, three counts. He has five other related convictions.
Dodge took all of Moore's pleas under advisement that involved plea bargains and that did not exceed 51 months. Dodge said Moore cooperated and helped in solving other crimes. He said he relied on the recommendations made by the prosecution and accepted the pleas.
Dodge said it was in January when police stopped Moore in Dowagiac. He fled and crashed his vehicle then fled on foot. He had no insurance and had unlawful plates on his automobile. Moore was also found to be in possession of stolen property.
One home invasion was the Dixon house on Mullen Road in Cassopolis. There he took a handgun, jewelry, food and other items. Dodge said it is difficult for people to feel safe in their homes after there is a break-in.
Jeannette Dixon addressed the court and said she worked hard and saved money, and her items were stolen.
She said he took her things that she worked to buy for her kids in school. He broke into two other houses, one in Dowagiac and one in Jones.
Prosecutor Victor Fitz said the defendant had no right to do what he did. He took business records, food, Christmas presents and an oxygen machine. He has "no regards" for others and deserves to go to prison.
Moore got 51 months to 20 years for possession of burglar tools, 51 months to 10 years for receiving and concealing stolen property worth $1,000 to $20,000; 43 months to 10 years for fleeing from police; 77 days credit for 77 days served for each operating without insurance and unlawful use of plates; and the last three are for 51 months to 30 years each for the three home invasions.
For failing to register as a sex offender when he changed his residence to a Goshen, Ind. address, he got two to four years. All his terms are concurrent, and his costs totaled $840 plus $27,355.29 restitution.