Man jailed for tampering with monitoring device
Published 9:02 am Monday, September 10, 2018
CASSOPOLIS – A Dowagiac man who tampered with his electronic monitoring device by wrapping tin foil around it will spend the next year in jail.
Allen Joseph Miller, 45, of Clinton Street in Dowagiac, pleaded guilty to tampering with an electronic monitoring device as a habitual offender and was sentenced Friday in Cass Circuit Court to 365 days in jail and $1,548 in fines and costs.
Miller has credit for no days already served since he is on parole from a November 2016 conviction for failure to comply with sex offender reporting duties. He was released from prison on that offense last December. He previously was sentenced to prison in 2004 for assault with intent to commit sexual penetration.
The tampering incident occurred July 2 when police went to his residence and found tin foil wrapped around the device to block the signal.
“You obviously don’t appreciate the gravity of the situation,” said Cass Circuit Judge Mark Herman to Miller Friday. “I hope at some point you come to the realization that it’s better to be out and under supervision than being behind bars.”
“You can’t avoid supervision, if you can’t appreciate that you will always be coming back to court and going to jail or prison,” he added. “At 45, you’re running out of time. You’ll spend more time behind bars or straighten out your life.”
In other sentencings:
• A Niles area man who assaulted his girlfriend and later tried to escape from the Cass County Jail after his arrest was sentenced to probation and jail.
Joshua Daniel Sprinceana, 36, of Cook Street near Niles, pleaded guilty to aggravated domestic violence, attempted resisting and obstructing police and escaping from jail while awaiting trial for a felony and was sentenced to two years’ probation, 300 days in jail and restitution of $1,181 for the damage he caused to a light fixture in the jail.
He has credit for 52 days already served and can spend the final 120 days of his jail term at the Twin County Probation Center. He must also pay $1,498 in fines and costs.
The incident occurred July 7 at a residence in Howard Township where he assaulted his girlfriend by smashing her head into a door, hitting her and putting her in a chokehold. He was found to have a blood alcohol level of .14 at the time of his arrest.
Sheriff’s deputies discovered him attempting to escape the Cass County Jail around 1:15 a.m. He had destroyed a light fixture which caused a power outage to the jail and then climbed into the ceiling in an attempt to escape.
“Obviously at 36 years of age you have a drinking problem and now two felony convictions,” Judge Herman said. “You say you have a child on the way and you want to get your college degree. I hear people say all the time that they want to change for their children. If you turn your back on them, don’t expect compassion from me.”
Herman noted that he could have sentenced Sprinceana to prison given the sentencing guidelines but decided on a local sentence.
“You could be going to prison today, but I will do a local sentence to give you an opportunity,” he said. “You have to be a man and realize that this will be a lifelong battle.”
For his part, Sprinceana apologized to his girlfriend and family.
“I am so sorry for all the pain, physically, emotionally and mentally that I have caused. I’m so sorry from the bottom of my heart,” he said. “I take full responsibility for my actions. I turned into a person I despise. I definitely need help.”
• A Dowagiac young man is getting the chance to keep two felonies off his record if he is successful on probation.
Milton Eugene Marshall, 21, of Pokagon Street in Dowagiac, pleaded guilty to carrying a concealed weapon and delivery/manufacture of marijuana and was placed on 18 months’ probation under the 7411 statute which allows the conviction to not be entered if he is successful on probation.
Marshall has credit for 179 days already served and must pay $2,006 in fines and costs.
The incident occurred March 23 when a car he was riding in was stopped by police in Dowagiac.