Area residents sentenced to probation in Berrien County court
Published 2:07 pm Monday, May 20, 2024
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NILES — Several area residents were sentenced to probation on a variety of charges Monday in Berrien County Trial Court.
Nicholas Anthony Austin, 26, of South Bend, pleaded guilty to possession of analogues and attempted resisting and obstructing police and was sentenced to two years probation, completion of the Tri-Cap program, 140 days in jail with credit for 90 days served and $708 in fines and costs.
Austin can serve the rest of his jail sentence in the Tri-Cap program.
The incident occurred May 7, 2023 in Niles.
Austin told Berrien County Trial Judge Jennifer Smith that he wants to change his life and stay sober. “I want to start a new road for myself, I like how I’m feeling now,” he said.
“Your guidelines are zero to 17 months now,” Judge Smith noted. “If you come back, you will be inching your way to a straddle cell sentence. If you continue down this path, bad things could happen.”
Another South Bend resident was sentenced to probation after breaking into a garage and stealing a car in Niles Township.
Hayden Joel Anderson, 18, of South Bend, pleaded guilty to second degree home invasion and was sentenced to 18 months probation, credit for 82 days already served and $658 in fines and costs.
The incident occurred Feb. 1, 2024 when he broke into a garage in Niles Township and took a car. He ran out of gas in Cass County and was arrested by police there. He ended up pleading to a misdemeanor in Cass County.
Defense attorney Carri Briseno said Anderson engaged in “very poor decision making” on the day of the incident when he broke into a garage and took the vehicle. She said her client had spent time in the juvenile center in South Bend last year and was diagnosed with mental health issues.
“I’m sorry for what I did,” Anderson said. “I’ve kept my mind straight while I’ve been in jail and I’ve been reading books.”
“Unfortunately, you’re only 18 years old and have put yourself in a tough position,” the judge said. “If you should commit any other crime, you face significant jail or prison. This was an impulsive decision that has cost you. You went into someone’s home and it affected them. They might think you could hurt them. Don’t put yourself in this situation again.”
Matthew Dewayne Klemm, 32, of Jackson, Mich., pleaded guilty to attempted carrying a concealed weapon and was sentenced to 18 months probation, credit for six days served and $658 in fines and costs. He must forfeit the weapon.
The incident occurred Aug. 27, 2023 in Eau Claire.
John Robert Hooten, Jr., 32, of South Bend, pleaded guilty to possession of narcotics/cocaine less than 25 grams, improper possession of a firearm in a motor vehicle and third degree retail fraud and was sentenced to two years probation, credit for 89 days served, forfeiture of his firearm and $758 in fines and costs.
The incident occurred Jan. 5 in Niles Township.
Hooten apologized for his actions. He said he’s been sober for three months and wants to stay sober.
Judge Smith noted that Hooten doesn’t have much of a record but warned him that if he continues to use drugs it could lead him down a path to “jail, prison or worse.” “You’ve been using meth and heroin daily since 2017, it’s important you address your controlled substance issues,” she said. “Your mental health and physical issues are not helped by using drugs.”
Anthony D. Schmucker, 50, of South Bend, pleaded guilty to possession of narcotics/cocaine less than 25 grams and attempted carrying a concealed weapon and was sentenced to two years probation, credit for 87 days served and $726 in fines and costs.
The incident occurred Sept. 4, 2023 in Niles Township.
Judge Smith told Schmucker he needs to get control on his drug problem or spend more time in jail. Schmucker told the judge that he had been self-medicating and apologized for his poor judgment.