Stevensville man sentenced following dispute
Published 9:35 am Tuesday, July 9, 2019
NILES — A Stevensville contractor who took the law into his own hands over a dispute with a homeowner was sentenced Monday to probation and jail in Berrien County Trial Court.
Doug Arthur Wolshlager, 43, of West Linco Road in Stevensville, pleaded guilty to attempted larceny in a building and was sentenced to two years’ probation, 30 days in jail, $838 in fines and costs and $2,961.77 in restitution. Wolshlager is disputing the restitution amount.
The incident occurred March 22 at a residence on Main Street in Buchanan Township. Wolshlager was hired by a homeowner to install a furnace. Wolshlager came back and ripped out the furnace after the homeowner told him he would pay him the balance of what was due after it was inspected.
Defense attorney Tim Dowling said he had to “deprogram” Wolshlager from the idea he had that he could repossess the furnace when the dispute arose.
“It wasn’t something where he had a criminal intent. He felt he was within the law to repossess the furnace,” Dowling said. “It’s a shame. This was a contract dispute that should have been worked out with a compromise. … Unfortunately, I’ve had to spend a lot of time deprogramming him from the constitutionalist idea that certain things supersede state law. Now he’s starting to appreciate that he should leave the law to lawyers and judges.”
Berrien County Trial Judge Charles LaSata noted that while Wolshlager has 26 prior criminal convictions, none of it was assaultive in nature.
“Beyond pushing past the owner’s brother into the home, there was no real violence here,” he said. “Use better judgment in the future and don’t rely on the sovereign state. Guys, call Mr. Dowling.”
Regarding the restitution, Dowling noted that the furnace was confiscated from his client when he was arrested and should be deducted from the total restitution amount. The homeowner is asking for the total cost of installing a new furnace.
In another sentencing, a Benton Harbor man with a felony record who was caught in possession of a firearm was sentenced to probation and jail.
Charles Alexander Coleman, 20, of Parker Street in Benton Harbor, pleaded guilty to attempted possession of a firearm by a felon and was sentenced to two years’ probation, 120 days in jail with credit for 61 days served and $738 in fines and costs. His weapon was forfeited.
The incident occurred May 9 when the car he was a passenger in was stopped on M-139 near Hinchman Road in Oronoko Township.
Judge LaSata said he had initially planned to sentence Coleman to prison because of Coleman’s previous record but then reconsidered after hearing from both Coleman and defense attorney Scott Sanford.
Sanford noted that Coleman had no juvenile record and has gotten in trouble because of the people he associates with.
“There’s a lot of public debate about what to do about gun crimes,” LaSata said. “There’s talk of restricting the number of guns, and people think judges aren’t tough enough. Your case is troubling. You’ve been involved in a number of gun offenses. If you ask people on the street, nine out of 10 would say you deserve two and a half years in prison.
“I was planning to sentence you to 12 to 30 months in prison, but Mr. Sanford makes some good points,” the judge said. “You just keep making bad decisions and gun crimes are really concerning to the community right now. You’re a pretty young guy and a bright guy but you’re making bad decisions.”
Though LaSata said he had come around to testing out probation for Coleman, the judge said that he would send the defendant to prison if he violated his probation.
“I hope this is a wakeup call for you,” LaSata said. “Good luck. There will be no second chances.”