By DEBRA HAIGHT

CASSOPOLIS – A Niles man turned a 93-day misdemeanor into a felony with a prison guideline sentencing range.

Despite that, Cass Circuit Judge Mark Herman decided to give the man, Cavin Flagg, a chance to stay out of jail and prison.

Flagg, 40, of N. Seventh Street in Niles, pleaded guilty as a habitual offender to third degree fleeing police and resisting and obstructing police as well as second offense for driving with a suspended license. He was sentenced to 18 months probation and credit for 10 days served. He must pay $2,096 in fines and costs.

The incident occurred Feb. 27 in Edwardsburg when police were called to a domestic disturbance. Flagg had already left the scene, but was soon spotted by police. He fled the police by car and then by foot before being arrested.

“You said you were worried because your license was suspended, but instead you got your fourth and fifth felonies,” Judge Herman said. “You managed to turn a 93-day misdemeanor into prison guidelines. You need to use your head. It’s always going to turn out worse if you flee police.”

The judge noted that Flagg has six convictions for driving with a suspended license.

“If you continue to drive, prepare to lose your job, your home and your kids,” Herman said. “I’m deviating from the guidelines, but if you’re not going to step up to the plate and be a father to your kids, you’ll probably be incarcerated if you violate your probation.”

Flagg apologized and said he knows what he did was wrong.

“I made an irrational move,” he said.

Flagg’s attorney, Robert Drake, argued successfully that Flagg’s prison sentencing guidelines were a result of his past criminal record and not the current crime. Flagg has been to prison twice, first in 1996 and then again in 2006.

“The guidelines and the recommendation of a year in jail have nothing to do with what he did here,” Drake said. “It’s only about his past record which to me is like double jeopardy.”

In other cases:

A Three Rivers man has 90 days to prove he’s turning his life around or he could end up in prison.

James Chester Truelove, 39, of S. Main Street in Three Rivers, pleaded guilty to larceny over $1,000 and under $20,000 and larceny in a building, both as a habitual offender, and was sentenced to three years probation in the Swift & Sure program, 92 days jail, $961 restitution and $1,976 in fines and costs.

He can serve his jail time at the Twin County Probation Center.

The larceny incident occurred Oct. 16, 2016, at the Fireside Tavern in Edwardsburg when the front door was broken in, and a masked man stole money. Truelove worked there as a cook and bouncer and admitted that he and an accomplice broke in and took money to buy drugs.

His sentencing for violating his Swift & Sure probation from a 2017 meth and marijuana conviction was adjourned for 90 days. The guidelines there call for a sentencing guideline range of 51 months to nine years in prison.

“I said then that you had to be sincere and you’d be back here facing prison if you did the bare minimum,” Herman said. “You shouldn’t be here because you wouldn’t write in your calendar, document your attendance at meetings or abide by a budget.”

“If you can’t do the easiest things, can we expect you to do the hardest?” he asked. “You’re not doing the things to put your life on track to avoid recidivism. You need to change the way you think about personal responsibility. This is your last opportunity. You have 90 days to prove you want to be in the program.”

A Cassopolis man who threatened another resident of his apartment complex because he didn’t like hearing him talking on the phone is staying out of jail. The man he threatened said Friday that he fears for his life.

Dennis Earl Pruitt, 63, of Tharp Lake in Cassopolis, pleaded guilty to attempted assault with a dangerous weapon as a habitual offender and was sentenced to $1,548 in fines and costs. He was given credit for 113 days already served.

The incident occurred Jan. 2 at Tharp Lake in Cassopolis when Pruitt threatened another man with a knife.

Judge Herman noted that Pruitt is already on probation in St. Joseph County, Michigan and is being monitored there. He said he was sympathetic with Pruitt’s past problems including the deaths of his son and wife and suffering post traumatic stress disorder from his military service. “But that doesn’t justify threatening others,” Herman said.