Cassopolis resident gets five to 20 years for multiple charges

Published 8:23 am Monday, July 22, 2019

CASSOPOLIS — Three area men were sentenced to prison Friday in Cass County Circuit Court.

Sunny Forest Fogg, 32, of Brownsville Road in Cassopolis, pleaded guilty to 10 felony charges and was sentenced to 10 concurrent prison terms on criminal enterprises, home invasion, stolen weapons and meth charges.

Fogg was sentenced to five to 20 years in prison for conducting a criminal enterprise, three to 15 years in prison for three counts of second-degree home invasion, 23 months to 10 years in prison for five counts of receiving, concealing and possession of weapons and 30 months to 10 years for one count of possession of methamphetamine.

Fogg received credit for 100 days already served and was ordered to pay $10,736.54 in restitution to three people. He must also pay $2,310 in fines and costs. More restitution could be ordered in the future if more victims are identified.

The offenses occurred over several years, from January 2013 to January 2019, at locations in Cass County. Fogg stole property including weapons from numerous homes and buildings to support his drug habit and then stored the items in his Brownsville Road home near Cassopolis.

“The striking thing in this case is the extent of property involved,” said Cass County Assistant Prosecutor Thomas Hubbert. “It can’t be understated the amount of property found in his house. There were items stacked from floor to ceiling that had been stolen from many, many homes over the course of years.”

Defense attorney Nicholas Hogue asked for leniency, noting that Fogg committed all of his crimes because of his meth addiction and wants to change his life. Fogg said he was “truly sorry” for the crimes he committed and saw the “errors” of his ways.

“You victimized many, many people over the years,” said Cass County Circuit Judge Mark Herman in court Friday. “Your actions speak volumes. You may have treated your family well, but you victimized many others. A prison sentence is warranted.”

Also Friday:

• A homeless man who most recently had been in prison in Missouri was sentenced to prison for criminal sexual conduct.

Tommy Alan Gist, 45, pleaded no contest to fourth-degree criminal sexual conduct as a habitual offender and was sentenced to 21 months to three years in prison. He has credit for 215 days already served and must pay $1,548 in fines and costs. He must register as a sex offender.

The incident occurred more than a decade ago at a home in Dowagiac. The young victim was at the home for a birthday party and sleepover when she woke up to find Gist touching her inappropriately.

Hubbert expressed concern that Gist was trying to justify and “explain away” his actions by questioning why the victim did not come forward sooner.

Defense attorney Greg Feldman asked for leniency, noting that Gist had already been penalized by not having his Missouri sentence shortened after officials there learned of the Michigan charges and having to serve an additional 18 months in prison.

“365 days in jail is still absolutely no picnic, but there are programs here to help him,” he said.

Judge Herman said he decided to hand down a prison sentence after looking at Gist’s record.

“You’ve had four felonies and one probation violation since this incident,” he said. “I look at the programs you didn’t take advantage of, and there’s nothing to convince me to not do prison.”

• An area resident who stole property to support his drug habit was sentenced to prison.

Austin Roy Troxell, 24, of Elkhart, pleaded guilty to two counts of receiving and concealing a stolen vehicle and conspiracy to commit larceny over $20,000 and was sentenced to two terms of two to five years in prison for the stolen property counts and one term of 42 months to 10 years in prison on the larceny count.

The three prison terms are concurrent. He must also pay $1,394 in fines and costs and $2,807.53 in restitution.

The incident occurred Jan. 25 at a location in Union, Michigan, when he was caught trying to sell stolen items at pawn shops to support his drug habit.

“He was working in Indiana, and it got too hot so he came up here,” Hubbert said.

Judge Herman noted that Troxell’s drug addiction was the reason for all his criminal activity. He said in court that the investigation connected Troxell to at least 10 thefts in Cass County as well as numerous thefts in Indiana.

“You were using meth on a daily basis and broke into cars to support your habit,” the judge said. “It appears you hooked up with the wrong people, you need to choose your friends a little more wisely. You’re 24, and you’ve seen the ravages that meth can do. When you’re out, you’ll still be young.”