Dowagiac woman penalized for possession of meth

Published 8:50 am Monday, February 3, 2020

CASSOPOLIS — A Dowagiac woman will spend the next several months in jail and has also lost the chance to keep a 2018 drug conviction off her record.

Nicky Lynn Rutherford, 31, of Gray Street in Dowagiac, pleaded guilty to possession of methamphetamine and was sentenced Friday in Cass County Circuit Court to 365 days in jail. She has credit for 150 days already served and must pay $1,548 in fines and costs.

She had her probation revoked from a December 2018 conviction for three charges of meth and other drugs. She was given credit for 207 days already served. That probation had been under the 7411 section, which allows people to keep charges off their record.

The most recent incident occurred Sept. 4 at her home on Gray Street in Dowagiac when police searched her residence and found meth, syringes and scales.

“With your prior conviction, you had the 7411 benefit,” said Cass County Circuit Judge Mark Herman. “It’s obvious you don’t want help. It’s sad you’d rather do time in jail than take part in programs.”

“She sadly squandered a golden opportunity,” added Cass County Prosecutor Victor Fitz. “If she doesn’t get hold of her drug problem, her whole life will evaporate in front of her. She needs to understand she’s an addict and get help.”

Defense attorney James Miller said Rutherford is disappointed with herself.

“She fell into an opportunity to use again,” he said.

Two other meth sentences were handed down Friday.

Heather Michelle Truelove, 45, of Manley Street in Dowagiac, pleaded guilty to possession of meth and was sentenced to five years’ probation in the Adult Treatment Court program and credit for time served, 133 days. She must pay $2,148 in fines and costs.

Truelove was also sentenced to credit for time served for violating her probation from 2016 convictions for possession of meth and operating a drug lab involving meth and hazardous waste.

The most recent incident occurred Sept. 18 at her residence on Manley Drive when a probation agent discovered meth pipes during a home visit.

“She needs to understand she’s really dodging a bullet today. She needs to take stock of her situation. This is her sixth felony,” Fitz said. “Our job is not only to help her but protect the community. Drug dealing has a negative impact on the community. It brings danger, guns and death.”

Fitz made note last week’s murder of Michael Collins in Dowagiac, which allegedly involved drug dealing. Two people, Jay Vincent Penar, of White Pigeon, and Justin Carlton, of Kalamazoo, have been arrested and arraigned for the Collins murder and the armed robbery of three others.

“We had a person this week who had completed Adult Treatment Court but got back involved with meth sales,” he said. “That person is now dead and the others there faced potential death. I don’t have a lot of sympathy for those endangering my community. If you get help, great. If not, I want you in prison. I don’t want more dead people in the county.”

“Obviously you say you’re sorry to be here, but you will be sorry if I see you here again,” Judge Herman said. “But if not for the prosecutor reluctantly agreeing to Adult Treatment Court, you would be going to prison today.

“You said you had relapsed after your husband went back to prison,” he told Truelove. “If he goes back to prison, you need to say ‘see you later, I have children to worry about.’ I think right now you ought to be ashamed to look your children in the eye. I’m reluctantly going along with the recommendation. This is your last chance. Take it seriously.”

Christian Nathaniel Vollmer, 25, of Middleton, Ohio, pleaded guilty to possession of meth and was sentenced to two years’ probation with credit for 18 days served, and $1,938 in fines and costs.

The incident occurred Oct. 22 when Vollmer’s vehicle was stopped on Chain Lake Street near Vandalia. A search of the vehicle uncovered a meth pipe. He continues on probation from 2019 carrying a concealed weapon sentence.

Two area women were also sentenced Friday to probation for attempted larceny in a building from incidents last November in Howard Township. The two women befriended a man who has since died and took advantage of him.

Trinity Lynn Eastman-Simon, 37, of E. Galien-Buchanan Road in Buchanan, pleaded guilty to attempted larceny in a building and was sentenced to five years’ probation, credit for one day served, $2,358 in fines and costs and $64,387 in restitution.

Ralene Shawn Lausch, 40, of Kalems Court in Niles, pleaded guilty to attempted larceny in a building and was sentenced to five years’ probation, credit for one day served, $2,358 in fines and costs and $96,700 in restitution.

The two women are disputing the amount of restitution owed. The restitution is for vehicles, cash and personal property taken from the victim, who they met at a Niles area restaurant.

“This is a case of cross currents of good and greed,” Fitz said. “They went in with some good intentions, but the temptation was there and they succumbed to it. They saw him as a way to get rich. He became a cash cow for them.”