Two men sentenced to prison, one to probation Monday
Published 9:00 am Tuesday, October 22, 2019
NILES — Two area men were sentenced to prison while a third received a probation sentence in Berrien County Trial Court Monday.
Anthony Lee Miltenberger, 26, of South Bend, pleaded guilty to assault with intent to commit criminal sexual conduct and accosting a child for immoral purposes and was sentenced to concurrent terms of 67 months to 10 years and 14 months to four years in prison. He has credit for 280 days served, must pay $326 in fines and costs and must register as a sex offender.
The incidents occurred between Dec. 21 and Dec. 28, 2018, against a 14-year-old girl at a residence in Niles Township. In addition to the sexual assault, he also provided her with methamphetamine.
“There’s nothing very redeeming in your past,” Berrien County Trial Judge Charles LaSata told Miltenberger. “You started using marijuana at age 15, and you dropped out of school in the eighth grade. Then you’re raping young girls. It’s a deplorable situation.”
“You told another inmate that you drugged her up and raped her on Christmas Eve,” the judge added. “That’s deplorable conduct. I think you’re a predator and should be put behind bars for as long as possible.”
There was some debate about the status of Miltenberger’s record in Indiana and whether the new prison sentences will be concurrent with or consecutive to any sentence he gets in Indiana. He was sentenced to prison in Elkhart County in 2017 on drug and firearm counts but was classified as on “probation” rather than “parole” when he was released.
Jeremy Keith Phillips, 33, of N. 11th Street in Niles, pleaded guilty to larceny in a building and was sentenced to 17 months to four years in prison, $198 in fines and costs and $15,212.08 in restitution. He has credit for no time served because he is on parole from a 2016 conviction for tampering with electronic devices.
The incident occurred April 1 at a residence on N. 11th Street in Niles when it was discovered he had taken $19,000 worth of antique tools belonging to a victim.
The victim spoke before the sentencing, saying that the tools were antiques that had belonged to his great-grandparents. He noted that he had received just more than $4,000 from his insurance carrier for the loss.
Defense attorney Scott Sanford argued unsuccessfully that the value of the tools was the $4,000 or so paid by the insurance company and not over $19,000. Judge LaSata disagreed, noting that older tools are often worth more as they are of higher quality and better materials.
“There’s nothing really redeeming in your record,” the judge said. “You were on parole when this happened. It’s pathetic. You started using marijuana at age 18 and have been to prison twice. … I’m sentencing you at the absolute high end of the guideline range.”
LaSata did not hold out much hope to the victim that he would get much money back in restitution.
“The fact of the matter is that you’re really not going to receive anything. He’s in and out of prison,” he said. “I’m not real optimistic you’re going to be paid.”
Calvin Henry Mayers Jr., 50, of South Bend, pleaded guilty to possession of cocaine less than 25 grams and was sentenced to two years’ probation, 120 days in jail with credit for 57 days served and $1,138 in fines and costs.
The incident occurred July 1, 2017, when he and another man were found unconscious from drug overdoses in a car at Grant and St. Joseph Avenue in Niles.
Sanford noted that Mayers has sought help for his drug addiction since this incident.