Young adults not sentenced to prison thanks to HYTA
Published 9:21 am Tuesday, June 25, 2019
NILES — Berrien County Judge Charles LaSata followed two Friend of the Court recommendations to not sentence two young adults to prison for their crimes. The decision came Monday at the Berrien County Courthouse in Niles.
Instead, each individual will serve multi-year probations. If the probations are violated, prison sentencing could follow.
LaSata used the Michigan Holmes Youthful Trainee Act of 1927, which allows qualifying individuals between 17 and 24 to be assigned the status of a youthful trainee. This allows prison time to be avoided, and allows youthful offenders to keep low level crimes off their record.
Shawntae Lashae Sell, 19, of Buchanan, and Bryce Anthony Reybuck, 18, of Buchanan, were the two individuals benefitting from LaSata’s HYTA-based decision.
Sell received a two-year probation for armed robbery and using a financial transaction device without consent. She must pay $1,568 and serve the remaining 25 days of her 60-day jail sentence.
If she violates probation, she could receive up to 15 years in prison.
After midnight on Jan. 17, Sell met with a man from Kalamazoo in Buchanan Township, whom she had been previously contacting through Facebook.
Sell got into the man’s car shortly after he arrived at the location. Then, Sell’s alleged ex-boyfriend, 19-year-old Rashawn Bradbury, of Niles, arrived and switched seats with her.
Bradbury then pointed a pistol to the Kalamazoo man’s head and took his phone and wallet, which included a debit card that Bradbury and Sell later used to take hundreds of dollars from the victim’s bank account.
The man fled the scene and called police. He later confirmed the identities of Sell and Bradbury from a detective photo lineup.
At the sentencing, Sell said she wanted to prove herself to the court and the community. Since her arrest, she has taken a job and said she hoped to work toward her GED.
LaSata, who questioned Sell on why she dropped out of high school in 10th grade in the first place, said she must obtain her GED by August 2020 as part of her probation completion requirements.
“This is a 15-year felony, ma’am, and it’s time to stop making excuses,” LaSata said.
Bradbury received five to 15 years in prison on June 3.
Reybuck, the other individual sentenced to probation, had four child sexually abusive material charges: coercing a minor to produce it, using a computer to commit it, possessing it and accosting a child to commit immoral acts.
If he breaks his five-year probation, the now-registered sex offender could spend up to four years in prison.
Reybuck and a 12-year-old Buchanan resident spent about six months sending sexual images and videos to each other through Facebook Messenger until Reybuck was caught on Feb. 23.
The two individuals saw their online contact as a relationship. The minor said that Reybuck threatened to no longer speak to her or leave her if photos and videos were not sent.
Reybuck later deleted the messages.
LaSata said he saw Reybuck’s actions as “terrible” and that he wanted to increase Sell’s jail sentence, but followed with the Friend of the Court’s probation recommendations for both individuals.
In a separate sentencing, Heather Lynn Davis, 38, of Lawndale Avanue in South Bend, was sentenced to 90 days in the Berrien County jail, with 42 days served, and $898 in court fees. She was charged with intent to deliver methamphetamine and maintaining a controlled substance drug vehicle.
After her time is served, Davis will likely be sent to Marshall County, Indiana’s court system for another drug-related crime she is wanted for.
LaSata cited her warrant as the reason he did not add on a felony probation to Davis’ sentencing. She will likely receive probation in Marshall County, he said.
The judge noted that Davis had a long history of drug use.
“For 22 years, you’ve done nothing but put substances in your body,” he said.
LaSata said that was why her physical health was poor, causing her to look years older than she was.
Just before the sentencing, Davis failed a drug test recommended by the Friend of the Court. She tested positive for meth, heroin and marijuana while on bond within the last two weeks.
On Nov. 14, 2018, Davis and her co-conspirator, Marcus Lorenzo Davis, were caught by Southwest Enforcement Team officers. The two were attempting to sell meth to a buyer at the Dairy Queen on S. 11th Street in Niles.
The officers had recently caught a buyer, Kirk Arwood, who agreed to work with officers to catch the Davises, who were his dealers.
Davis had multiple grams of meth hidden in her pants when caught.
Marcus has not yet been sentenced.