Jury convicts Cassopolis man
Published 12:12 am Thursday, April 5, 2012
CASSOPOLIS — A fast car, alcohol, marijuana, threats and deception proved to be a particularly bad combination for a Cassopolis man at the conclusion of his jury trial this week.
After less than 15 minutes of deliberation, Lawrence Litherland, 49, was convicted as charged of bringing contraband into jail, two counts of resisting and obstructing causing injury, possession of marijuana, operating while intoxicated and open container of alcohol in a vehicle.
Cass County Prosecutor Victor Fitz said, “Racing around town with a 0.19 alcohol level and a bad attitude is a recipe for death and destruction. It simply won’t be tolerated.”
On March 3, 2011, Litherland was stopped by Cassopolis Village Police Officer Donald Obermesik for speeding.
Litherland was driving 71 miles per hour in the posted 35 mph zone coming into the village.
Litherland got out of his vehicle and approached the officer, who ultimately commanded him to stop at gunpoint.
After a brief investigation by Obermesik, Litherland was arrested for drunken driving. It was also discovered the defendant had an open fifth of 100 Proof Southern Comfort wedged behind the driver’s seat. The defendant acknowledged he had bought the hard booze earlier that day and drank approximately a quarter of it while visiting a friend in Michigan City, Ind.
He said he then hit three bars during the 60-mile trek to his home in Cassopolis.
Litherland denied having any drugs or weapons on him at the time of his arrest.
Diab Rizk, who tried the case for the prosecution, established through testimony that once in the jail, Litherland was found to have two bags of marijuana, with one large bag stuffed in his sock.
Jail staff report Litherland refused to enter a cell then swung and missed the head and body of Charles Maleski, a corrections officer. They both fell to the floor as Maleski unsuccessfully tried to subdue Litherland.
Obermesik assisted Maleski, and both struggled with Litherland for a short time before handcuffing him. Litherland claimed he blacks out due to excessive drinking.
That claim was unraveled by Rizk during closing argument when the assistant prosecutor pointed out that on the stand the defendant seemed to remember the entire episode — except fighting with the officers. Rizk went on to point out the defendant was acutely aware of his alcohol and driving problem and knew precisely the danger he posed to others on the roadway.
Litherland spent the night in jail. Maleski and Obermesik each sought medical treatment for injuries as a result of the fighting.
Circuit Judge Michael Dodge presided over the trial.
Sentencing is set for 8:30 a.m. May 4. Bringing contraband into a jail is punishable by five years and/or $1,000; resisting and obstructing an officer causing injury, four years and/or $5,000; marijuana possession, one year and/or $1,000; operating while intoxicated, 93 days and/or $100-$500; and open alcohol container in a vehicle, 90 days and/or $100.