Edwardsburg man sentenced for meth delivery, theft

Published 8:39 am Monday, March 26, 2018

CASSOPOLIS — A man convicted of multiple meth charges has been sentenced to probation in Cass County.

Cass County Circuit Court Judge Mark Herman sentenced Scotty Eugene Johnson, 41, of the 67000 block of Hess Road in Edwardsburg, to concurrent sentences of three years’ probation for charges of delivering a controlled substance, maintaining a drug house and possession of stolen property.

Johnson was also sentenced to jail time as time served for each offense.

Scotty Eugene Johnson

The charges stem from an incident that took place on Sept. 11, 2017, in the 69000 block of Elkhart Road in Edwardsburg.

Johnson’s attorney, Robert Drake, argued that Johnson should take part in the Swift and Sure probation program, which would place Johnson on probation with the stipulation that if he does not successfully complete the program, he will go to prison. The program requires close monitoring as well as frequent drug and alcohol tests. It was recommended by the probation department that Johnson be placed in the program.

Drake said that his client was a good candidate for the program and said that he believed that Johnson would be successful in the program.

“[Johnson] has successfully completed probation before, so he is capable of operating under the court’s supervision and following the court’s rules,” Drake said. “Any time we place someone in these programs, we risk that it doesn’t work. But we can’t be paralyzed by the fear of what could happen because it is just a likely that Mr. Johnson succeeds. It’s just as likely that Mr. Johnson breaks the cycle and breaks his addiction and is able to come out of this on the other side.”

Prosecutor Tiffiny Vohwinkle said that the people “adamantly opposed” placing Johnson in the Swift and Sure probation program due to the severity of Johnson’s crimes and the fact that there is currently a warrant out for his arrest in Indiana. Vohwinkle said that allowing Johnson to be on probation carried a potential risk to the public, due to his past crimes and assaultive behavior.

“It is very concerning for the community as a whole to allow him to be in a probation,” Vohwinkle said. “Frankly, in this case, the guidelines are very high. His original recommendation was six years in prison. He was part of a theft ring, and he also had enough methamphetamine to be charged with delivering. He also has a prior conviction for domestic violence. … These facts are very concerning.”

Judge Herman said that he understood Vohwinkle’s concerns, yet decided to adopt the recommendation to sentence Johnson to the Swift and Sure Probation program.

“When I look at you, I think there is some potential for you to comply with the court,” Herman said. “This doesn’t mean that you don’t go to prison. It means that if you don’t complete the program, you are looking at guidelines from 78 months to 162 months as a minimum. … This isn’t a get out of jail free card. You have to do some work.”