By By NORMA LERNER / Vigilant/Argus
CASSOPOLIS – A Constantine man who made methamphetamine in Edwardsburg that caused a fire got probation and a jail term Friday in Cass County Circuit Court.
Nicholas Oliver, 21, of 67212 Oxbow Road, Constantine, received two years probation plus a 270 day jail term each for conspiracy to operate and maintain a meth lab and operating/maintaining a meth lab on Jan. 14, on North Shore Drive in Edwardsburg.
Prosecutor Victor Fitz said there was a fire in the lab that could have been worse and put children in the house at risk. However, he said Oliver was cooperative and others cooperated.
Defense lawyer John Magyar said Oliver turned himself in when he realized he had a problem. He understands the severity of the situation with the fire, he said. Oliver agreed saying he was ready to take the responsibility and do what's right. "You will never see me here again," he told Judge Michael Dodge.
Dodge said Oliver assisted a co-defendant in the lab that was being used in a trailer. He then disposed of the lab with another co-defendant by putting it in plastic bags and dumping them along North Shore Drive.
Dodge said, however, he was impressed with Oliver's testimony as he was "open and honest." He said he also collaborated with other witnesses and police.
Dodge said he may attend the Twin County Probation Center. His costs totaled $1,560.
In other sentencings, a drunk driver drove drunk one too many times and ended up in prison.
Kevin VanArkel, 52, of 21325 Ravenna Drive, South Bend, Ind. was stopped by police following a complaint by a motorist that VanArkel was weaving back and forth on Calvin Center Road in Calvin Township. His highest breathalyzer test showed 0.25 percent blood alcohol level. Dodge said this was VanArkel's seventh drunk driving conviction and that prison was warranted. "You have a severe alcohol addiction. You continue to drive and jeopardize the safety of other motorists," Dodge said before imposing 18 months to five years prison for habitual-second operating while intoxicated. His costs were $1,070.
Raul DeLeon, 51, 61717, County Road 687, Dowagiac, received two years probation and 180 days jail each for possession of cocaine less than 25 grams and third-offense operating a vehicle while intoxicated on May 26 on Ball Road, Dowagiac. His blood alcohol level was 0.15 percent. His costs were $1,720.
Thomas Smolinski, 45, 111 Reed St., Cassopolis, received three years probation and 270 days jail for third-offense operating a vehicle while intoxicated on Feb. 17 on Johnson Street, Cassopolis. His blood alcohol level was 0.16 percent, twice the legal limit. He may spend the last 120 days at the Twin County Probation Center. His costs were $2,290.
Anthony Anglemyer, 19, 69698 South River Road, White Pigeon, ended up stuck in the mud while being pursued by police on May 4 on Hebron Road. Anglemyer had received and concealed stolen property, a truck. He then fled on foot but was caught by Michigan State Police. Anglemyer had pending charges in St. Joseph County when he was arrested. Dodge said his guidelines of 7-23 months is a straddle cell between jail and/or prison. "I will give you one last opportunity. You are close to going to prison. If there is ever a time to turn your life around, this is it. Next time is guaranteed prison," Dodge warned. He gave him one year in jail for receiving and concealing a stolen motor vehicle and 180 days jail for fleeing police 4th degree. His costs were $180.
A Stevensville man who embezzled money from his Dowagiac employer was put on probation. It was January of last year when O.K. Distributors discovered employee Donald Morse embezzled more than $1,500 from their company. Dodge said it was out of character for Morse, 44, because he had no record of any kind. He said he served four years in the U.S. Navy and worked for O.K. Distributors for eight years. Dodge said Morse was a trusted employee, but he gave into temptation when things got rough. However, Morse made full restitution for the amount he took, Dodge said before imposing 18 months of probation with no jail time for attempted embezzlement.
Defense lawyer Thomas Betker of St. Joseph said unfortunately Morse was going through hard times with a divorce. He made a mistake and is taking full responsibility and has paid the restitution amount.
Morse apologized to his employer. His costs amounted to $1,290.