Niles men sentenced to three years for larceny
Published 9:44 am Tuesday, July 7, 2015
If you believe the victim, it was an armed robbery.
If you believe the co-defendants, it was a drug deal gone wrong.
Either way, three 26-year-old Niles men were sentenced Monday in Berrien County Trial Court to a minimum of three years and a maximum of 10 years in state prison.
Antwaun Michaels James, Tony Len Horston, Jr. and Osker Eric Williams, Jr., all pleaded no contest earlier this year to one charge of larceny from a person — a felony carrying a maximum penalty of 10 years in prison.
The charges stem from an incident that began on the evening of Dec. 10, 2014, at the 7 Days Party Place, located on the corner of N. Fifth and Sycamore streets in downtown Niles.
At that time, the victim inquired about purchasing drugs from at least one of the co-defendants. The victim, driving his own vehicle, then followed the co-defendants, who were driving together in another vehicle, to a “dirt alley” in Niles where the incident took place.
The victim told police and testified in court that once they got to the alley he was robbed at gunpoint of $1,180 and two cell phones.
Lawyers for the co-defendants said Monday that there was no gun and therefore no armed robbery.
Kelly Lambert, an attorney for Williams, said the victim lied about the armed robbery because the victim was upset with the quality of drugs he received.
Attorneys representing James and Horston also made similar arguments.
A few hours after the incident, police found the three co-defendants at a nearby hotel. One of the victim’s phones was found in the suspect vehicle, while the second phone had been tossed out of the window of the car. Police also found the missing cash, but no gun was found.
Judge Dennis Wiley, who handed down the sentence, said he believes a gun was used in the robbery based on the evidence he has seen and the knowledge he has gained from behind the bench in knowing that most drug dealers don’t go unarmed into a deal.
“You set him up, you robbed him and then you fled,” Wiley said.
Wiley also ordered that the victim received $1,180 in restitution from the money that was recovered by police.