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CASSOPOLIS — Three area residents were sentenced to probation Friday in Cass County Circuit Court, with one having the chance to have his conviction reduced from a felony to a misdemeanor.

Timothy Harmon Ferguson, 53, of South Bend, pleaded guilty to felony third offense drunk driving on a delayed sentence. The charge will be reduced to a misdemeanor second offense drunk driving if he successfully completes an 11 month probation. He will be back in court in December for a final disposition of the case.

      Ferguson was given credit for two days in jail already served and ordered to pay $2,268 in fines, costs and restitution.

      The incident occurred Sept. 28, 2024 in Ontwa Township near Edwardsburg. Police stopped him after they received a call about someone driving erratically. His blood alcohol level was found to be .16 which is twice the legal limit.

      County Prosecutor Victor Fitz noted that Ferguson spent seven years in the military, has a post graduate degree and has a good job. “He is a man with a conscience and cares about his family and others, but he needs to understand that if he continues to drink and drive, he may kill or injured someone, he said.

      Defense attorney Kevin Banyon said that Ferguson knows he has an alcohol problem and has stopped drinking for periods of time in the past.

“He’s thankful he didn’t hurt anybody,” Banyon said. “This is a day of optimism for him, he’s excited about his sobriety and about the rest of his life where he can be a positive influence in society.”

Ferguson said he now knows he’s an alcoholic.

“I’m not going to take this opportunity for granted,” he said. “I’m sober and a lot of good things are happening in life. I’m reconnecting with people who genuinely care for me … I’m very thankful for the whole experience. It probably would have been a lot worse for my life if this didn’t happen.”

“I think this is an appropriate disposition,” Cass County Circuit Court Judge Mark Herman said. “You have a lot to lose if you don’t stop drinking and driving.”

Also Friday, Kayden Isaiah Dungey, 17, of Dowagiac, pleaded guilty to attempted interference of electronic communications and was sentenced to 12 months probation, credit for 84 days served and $1,835 in fines and costs.

The incident occurred Sept. 29, 2024 in Cassopolis when he took a phone away from a person during an argument. Although a juvenile, Dungey’s past juvenile record resulted in the court waiving him into adult court.

“Hopefully you will take advantage of this opportunity and avoid having a long life in and out of jail,” Judge Herman said.

Sydney Dianne Moore, 27, of Sodus, pleaded guilty to stalking and was sentenced to 18 months probation, credit for 113 days served and $1,515 in fines and costs.

The incident occurred Sept. 5, 2024 in Dowagiac. Police were called to a relative’s home when Moore was there despite a no contact order.

“If you work with probation, you can get your life back on track,” Judge Herman said. “I’m willing to give you this opportunity but this is something you have to seriously address.”