Dowagiac resident sentenced to 14 years for multiple charges

Published 8:56 am Sunday, June 24, 2018

CASSOPOLIS — With tears in his eyes Friday morning, a 22-year-old Dowagiac resident apologized to a Cass County judge before being handcuffed to spend more than a decade behind bars.

“I know I made a mistake,” said Joshua Warren Procter, 22, of the 100 block of Lyle Avenue in Dowagiac. “I let my addiction get the best of me. I got carried away with my actions.”

Joshua
Warren Procter

Procter was sentenced by Cass County Circuit Court Judge Mark Herman Friday morning to 14 to 40 years in prison on two charges of assault with intent to rob while armed, one charge of assault with intent of great bodily harm and one charge of lying to an officer of the peace.

Procter, who received 277 days credit toward his sentence, pleaded guilty to the charges during a court appearance on May 1.

The charges stem from events that took place on Sept. 8, 2017, on Jefferson and Paris streets in Dowagiac. On the night in question, Procter and his girlfriend took part in selling drugs to the victim. During the deal, a fight broke out in Procter’s vehicle that resulted in Procter stabbing the victim, who was later transported to the hospital for his injuries.

“We are just a few steps away from being at a murder sentencing,” said Cass County Prosecutor Victor Fitz Friday. “Somebody was stabbed and somebody could have died. That’s not hyperbole. That’s fact.”

Procter’s sentence was the result of a plea agreement between Fitz and his attorney, Gregory Feldman. Fitz said he supported the agreement, though he noted that, under sentencing guidelines, Procter could have received a much harsher sentence.

“The defendant should be thanking his lucky stars that this wasn’t a mandatory life sentence,” Fitz said. “He’s going to get out in his 30s and perhaps change his ways.”

When Procter took his turn to speak during court Friday, he expressed remorse over his actions and the fact that his young son will now grow up without a father in his life. He also said that his addiction to drugs fueled the series of events that led to his incarceration, and that he hopes to use his time in prison to change his life.

“I had a good life. I had a beautiful baby boy. I had a brand-new car. I had no bills I had to pay,” he said. “I had no reason to be doing or selling drugs, but I was doing so to support my habit. Looking back now, I feel ridiculous that I let drugs have a priority. … I let my addiction take me away from my baby boy and everything good I had going on in my life.”

Judge Herman thanked Procter for his testimony and noted that he had read a letter Procter had sent the court, saying it had nearly moved him to tears.

“I can see in your letter that you are sincere,” Herman said to Procter. “To me, this is a letter that shows how drugs can ruin people’s lives. … You let addiction take you down the wrong path. I think you need to read this letter over and over again because I think it shows what you could have in life and what you lost in life.”

Herman asked Procter if he could share his letter with those involved in Cass County’s drug programs to show them what can happen if their lives if they let addiction control their lives. Procter agreed to allow Herman to share the letter.

“You’ll be a young man when you get out [of prison], and you will still have a lot of life ahead of you,” Herman told Procter. “Hopefully you will use your time in prison to make the changes you need to make in your life.”