Judge awards jail time, tether, probation to three Cassopolis residents
Published 12:05 pm Friday, April 17, 2020
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CASSOPOLIS — Probation and jail sentences were handed down Friday in Cass County Circuit Court, including a probation sentence for a man who cut off his tether from an earlier conviction and traveled to Las Vegas before coming back to turn himself in.
As has been the case in recent weeks, court proceedings occurred with the defendants appearing via teleconferencing and two of three defense attorneys appearing remotely because of COVID-19 restrictions. In a change from past weeks, people could watch the sentencings on YouTube.
Tony Seay, 33, of Mall Drive in Benton Harbor and formerly of Cassopolis, pleaded guilty to tampering with an electronic device and was sentenced to two years’ probation, credit for 122 days already served, 90 days of tether, $1,075 restitution for the cost of the tether device and $1,768 in fines and costs.
He also pleaded guilty to violating his probation from a 2018 conviction for lying to a peace officer. His probation was revoked in that case and he was given credit for time served.
The current incident occurred April 9, 2019, when he cut off his tether device a month after being placed on probation. Seay traveled to Las Vegas and came back in December to turn himself in.
“What concerns me is that it looks like he’s being rewarded for cutting off his tether to go to Las Vegas and then finally coming back,” Cass County Circuit Judge Mark Herman said.
“He was gone all this time and came back and now should he be rewarded?” he asked. “I feel like he should be given probation to see if he’s able to follow the rules. It doesn’t mean he needs additional jail. I want to see tether or some other monitoring.”
“I am truly sorry, I know I’ve done wrong,” Seay said before his sentencing. “I’m on new medication and I have family support. I want to move on with my life. That’s why I turned myself in.”
Cass County Prosecutor Victor Fitz said Seay has done a lot of foolish things in the first 33 years of life and needs to grow up. He noted that Seay started using drugs and alcohol at age 12 and meth at age 19.
“When you’re a man, you need to act like a man and put away childish things,” he said.
Courtney White, 30, of Cassopolis, pleaded guilty to possession of methamphetamine and was sentenced to two years’ probation, credit for 64 days served and $2,328 in fines and costs. A charge of maintaining a drug house was dismissed.
The incident occurred Nov. 20 in Cassopolis when police went to her residence on S. O’Keefe Street and found marijuana, a meth pipe and other drug paraphernalia. White initially denied the drugs were hers.
“She was living in a drug emporium,” Fitz said. “She’s used marijuana since the age of 15 and also alcohol and meth. This is a recipe for living life as a zombie. She’s now in Family Treatment Court and she needs to be a contributor to society and not a drain. She needs to take advantage of the programs and get clean.”
White said she appreciated the opportunity to participate in Family Treatment Court.
“I’m taking my sobriety seriously,” she said. “I want to live a good life.”
“You have two choices: you can be a mother or a drug user, you can’t be both,” Judge Herman said. “If you won’t give up drugs, we can see that you don’t have your children. You are a role model for your children one way or another.”
Rebecca Stinnett, 33, of Marcellus, pleaded guilty in two cases and was also sentenced for two probation violations from earlier cases.
She pleaded guilty to uttering and publishing, passing a bad check, and was sentenced to 365 days in jail with credit for 211 days already served, $117.19 restitution and $198 in fines and costs.
She also pleaded guilty to possession of methamphetamine and was sentenced to a concurrent 365-day jail term with credit for 211 days already served. She must pay $1,548 in fines and costs. Resisting and obstructing police and possession of a stolen motor vehicle charges were dismissed.
The uttering and publishing incident occurred Sept. 9 at a liquor store in Marcellus. The possession of meth incident occurred Sept. 19 in Marcellus when police stopped her vehicle after another bad check incident and found drugs and drug paraphernalia.
She had her probations from 2014 and 2015 cases revoked and was given credit for time served. Those violations came when she absconded from probation.
Fitz noted that Stinnett has five felony convictions.
“Like all the cases today, there is underlying drug abuse,” he said. “She started using alcohol and marijuana at a young age. There is an individual responsibility where she needs to get off drugs. As a society, we have to realize that drugs are not good. Legalizing marijuana was a huge mistake. It is a gateway drug.”
Judge Herman noted that Stinnett has been under court supervision for the last five and a half years and spent a total of more than 500 days in jail or on tether.