Update: Removed references to name of the victim.

A Niles man will be given a chance to stay out of jail after attempting to commit “suicide by cop” last fall at his home in Howard Township.

Cass County Circuit Court Judge Mark Herman sentenced 45-year-old Marty Ray Gipson to two years of probation during his hearing in county court in Cassopolis Friday. Gipson was punished for resisting a police officer and for two counts of attempted assault with a dangerous weapon.

The Niles man pleaded guilty to all three counts Dec. 2.

Gipson was arrested Sept. 15 at his residence on Little Street after threatening his girlfriend with a machete while severely intoxicated. According to the judge, Gipson was drinking heavily due to the recent death of his mother at the time.

Gipson had woken Gross earlier that morning, and she found him with the blade in one hand and some pills in the other. After failing to take the medication from him, she and her 6-year-old child fled from the house, with Gipson telling her, “If they [the police] come for me, I am not going
out alive.”

When authorities with the Cass County Deputies arrived at the residence, they confronted Gipson inside the house’s garage. After the man refused to drop his machete, one of the deputies shot him with a pair of nonlethal rubber bullets, subduing the suspect and allowing police to take him into custody.

According to Herman, Gipson’s actions — fueled by his grief, mental health problems and his intoxication — were meant to lead to a single outcome.

“As you stated in the presentence report, you were trying to antagonize the cops into shooting you,” Herman said to the defendant in court Friday.

Gipson’s attorney, James Miller, also told the court his client’s actions were clearly an attempt to die at police’s hands, as he did not try to attack his girlfriend or the authorities with his blade that morning.

Gipson has an extensive criminal history, dating back to 1988, with most charges against him involving assaultive behavior, Herman said. However, the incident the last fall was his first offense in 13 years.

In addition, Gipson has a severe drinking problem, and is currently suffering from cirrhosis, the judge said.

“In the presentence report, you wrote ‘I have never hurt anyone, I am not a bad guy, but I am a terrible drunk,’” Herman said. “I hope you take that to heart, and stop drinking.”

In spite of the prosecution’s request for prison time, Herman decided to take the probation department’s recommendation for supervision instead of incarceration.

“You have indicated that if you could take it all back, you would never do it again,” Herman said, after delivering the sentence to the defendant. “I don’t want to see you back here again.”

“You won’t. I’m retired,” Gipson responded.

Gipson was also ordered to remain more than 500 feet away from the victim, and is forbidden from making contact with her via phone or electronic means.