By By NORMA LERNER / Vigilant/Argus
CASSOPOLIS – A major cocaine drug dealer in Michiana went to prison for 12 to 20 years Friday morning in Cass County Circuit Court. Prosecutor Victor Fitz said Friday morning during sentencing that Artulo Sanders, 33, of 1334 Markle St., Elkhart, Ind., had enough cocaine to get every man, woman and child high in all of Cass County and St. Joseph County. "This was his livelihood. He was doing this for years. In the last two years he was involved with the distribution of 10 kilograms worth $500,000 to $1 million."
Fitz said he carried a gun, and it wasn't just a one-time deal. He said the whole community was affected by what he did in asking for 15 years minimum. He said it would send a strong message that drug dealers will meet with severe consequences.
After Judge Michael Dodge imposed the prison term which was more than the minimum 10-1/2 years in Sanders' guideline range to a high 17 1/2 years, his family became extremely emotional while leaving the courtroom.
Sanders had two defense attorneys, Thomas Swisher of Dowagiac and Tod Urban of Chicago. Urban said he can't be punished for what he has been charged with in the past. He said he is employed and has held three jobs and has six children, two of them who sent letters to the court. Urban said he accepts responsibility for what he did in asking for the minimum of 10-1/2 years.
Sanders apologized for what he did and said he did the wrong thing.
Dodge said it was Jan. 7, 2008, when Michigan State troopers stopped a vehicle in Edwardsburg at Redfield Street and Michigan-62 of which Sanders was a passenger. Officers became suspicious after finding marijuana in the vehicle and called in a search dog. The dog sniffed out cocaine more than 1,000 grams in a hidden compartment in the car. Dodge said his past record is not extensive, however, in considering the large quantity of cocaine. Dodge could see no substantial or compelling reason to deviate below the minimum range. He ordered $1,630 in costs.
Also off to prison was Alan Egmer, 43, of 550 Anderson Road, Niles, for third-offense operating a vehicle while under the influence of liquor. It was Aug. 20 when Ontwa Township-Edwardsburg police were called to Conrad Road when Egmer made a left turn in front of a car, causing an accident. His blood alcohol level showed 0.28 percent, more than three times the legal limit. Dodge said Egmer has a past record of drunk driving, mostly in Indiana, including prison terms. Dodge said with his past history of drunk driving convictions and a blood alcohol level of 0.28 percent, the court concludes a term of 2 to 5 years to be appropriate.
Egmer's driver's license was revoked, and he is to pay fines and costs of $1,070 and restitution of $2,748.89.
A man who protected his brother by helping him dispose of a dead body in Cass County and hauling the body into Van Buren County got one year in jail.
It was Sept. 5 when a shooting took place at the Berrybrook Farm in Wayne Township when Sotero Perales, 44, of Arcadia, Fla., admitted seeing his brother, Lazaro Lopez Perales, 34, also of Arcadia, kill another person and helped him dispose of the body by wrapping it into a blanket and dumping it into a bean field in Van Buren County. His body was found Oct. 12 in the field at 76th Street and Territorial Road.
Still at large is Lazaro Lopez Perales on an open murder and felony firearm charge in the murder of Miguel Angel Calixto, 35, of Baroda who was shot several times with a handgun outside housing units at the farm.
Convicted of accessory after the fact, Sotero Perales was told by Dodge Friday morning during sentencing that he witnessed the murder and helped dispose of the body. "You didn't report the murder to authorities and assisted your brother in escaping and avoiding criminal prosecution." Dodge said he had no prior record but came to the U.S. illegally and has been here for eight years. Not agreeing with Sotero Perales' guideline range of 0-6 months, Dodge found substantial and compelling reasons to go beyond the range to the one-year jail term. The guideline range failed to take into account the nature of the felony that he was an accessory to execution style first-degree murder, Dodge said.
Prosecutor Victor Fitz said instead of going to the police Sotero Perales protected himself and his brother. "It's a shame," he said. "He was covering up evil. He helped cover up murder. It made it difficult to locate him. He fled rather than cooperate." He did not help solve the murder and put his brother first, he said in asking for the one year jail or prison time.
Defense Attorney Dale Blunier said this is a difficult case. He said he did not cooperate but "deeply regrets" he helped his brother. He said nothing will bring back the life of the young man. He did help his brother but did not help kill him, Blunier said. He said he has no prior record.
Sotero Perales, who was assisted by an interpreter, did not address the court. He was fined $120.
Dustin Peek, 36, of 400 Cleveland St. Dowagiac, received two years probation with 270 days jail suspended according to a sentence agreement for assault with a dangerous weapon on Nov. 7 to his live-in girlfriend. He threw a beer bottle at her, dragged her out of a car, pointed a gun at her head to demand sexual purposes and went into McDonalds and dragged her out of the women's restroom. The next day she went to the police department and asked that the charges be dismissed and said she lied.
Defense attorney Tat Parish of Watervliet said there are four children to support, and the victim was upset. Peek said he runs his father's business for his mother and father and does all the estimating, scheduling and getting equipment fixed. He said what he did was stupid. He added he is not drinking again and is taking anger management classes. "It's helping."
Dodge said the sentence is within the agreement, but he didn't like it because of the stance the victim took in the matter. She said she was not in any danger, but it appears there was danger when this occurred, he said. He imposed fines and costs of $925 and a probation fee of $600.
Verne Biggs, 48, of 24594 Jefferson Center Road, Cassopolis, received 18 months probation and 120 days jail each for manufacturing marijuana and possession of cocaine less than 25 grams on June 16. His terms are concurrent and fines and costs were $1,180 plus $450 probation.