Homeless man sentenced for stealing items from YMCA

Published 8:52 am Tuesday, August 6, 2019

NILES — A homeless man who stole items from in and around the Niles-Buchanan YMCA is going to prison after being sentenced Monday in Berrien County Trial Court in Niles.

Carl Beshires-Applewhaite

Carl Beshires-Applewhaite, 29, pleaded guilty to larceny from a motor vehicle as a habitual offender and was sentenced to 18 to 90 months in prison. He has credit for 57 days already served and must pay $198 in fines and costs.

The incident occurred June 10 when he took a phone from a truck in the Y parking lot as well as items from Y lockers. He ended up being arrested at Fourth and Sycamore streets in Niles and had credit cards, sunglasses and the phone in his possession. An additional charge of larceny in a building was dismissed.

Berrien County Trial Judge Charles LaSata agreed with Assistant Prosecutor Gerald Vigansky that a prison sentence was warranted, despite statements from Applewhaite and his attorney that he suffers from mental health problems.

“He hasn’t been able to address his mental health problems,” defense attorney Scott Sanford said. “If he violates his probation, you can re-evaluate his sentence. He has had some mental health difficulties, and he would like an opportunity to move in the right direction.”

“Part of the reason I do what I do is that every time I stray from my medications, I get in trouble,” Applewhaite said.

LaSata questioned the validity of Applewhaite’s defense.

“You were at the YMCA and you broke into a truck, to steal a phone. How did your mental health problems cause you to steal?” Judge LaSata asked. “A lot of people use mental health problems as an excuse for continuing criminal behavior. What mental health issue caused you to embezzle in 2017 and beat someone up in 2015?

“Stupid explains a lot of this,” the judge added. “You have a deplorable criminal record as a juvenile and adult. This is a really bad and dangerous record. You’re just a criminal, and you continue to commit crimes.”

LaSata noted that Applewhaite graduated from Berrien Springs High School in 2009 and attended Lake Michigan College, but had also been smoking marijuana since age 10 and drinking alcohol since the age of 7.

Also Monday, neighbor disputes were at the heart of three other sentencings, while a Watervliet man was sentenced to prison after stealing items from a Berrien Springs area home.

• Jorge Luis Bosque, 59, of W. Fourth Street in Buchanan, pleaded guilty to fourth degree arson and was sentenced to two years’ probation, 120 days in jail with credit for 63 days served and $838 in fines and costs. He may be able to serve his probation in mental health court.

The incident occurred May 27 at a residence on W. Fourth Street in Buchanan when Bosque became angry at an acquaintance and set the person’s vehicle on fire.

• Anthony Henry DeHart, 36, of W. Winn Road in Niles, pleaded guilty to assault with a dangerous weapon and was sentenced to two years’ probation, 120 days jail with credit for three days served, 150 days SCRAM tether and $838 in fines and costs. He received a concurrent 120 days in jail and $68 in fines and costs on the weapons count.

The incident occurred March 14 when DeHart got angry at neighbors and pointed an unloaded gun at them.

• Joseph Lee Emerling, 35, of Berrien Street in Buchanan, pleaded guilty to disturbing the peace reduced from assault with a dangerous weapon and was sentenced to one year probation, credit for four days served and $945 in fines and costs.

The incident occurred April 7 when he and neighbors argued over dogs and he threw a glass beer mug at them.

• Zachary Alan Kemmerlin, 29, of M-140 in Watervliet, pleaded guilty to receiving, concealing or possession of stolen property between $1,000 and $20,000 and was sentenced to 14 months to five years in prison. He has credit for 75 days already served and must pay $198 in fines and costs.

The incident occurred May 22 when he entered a trailer in a mobile home park on Old U.S. 31 in Berrien Township and stole a number of items. The trailer’s owners caught him and restrained him until police arrived. He also faces sentencing on drug charges in Van Buren County.

“You have a terrible record. You started using marijuana when you were 13 and it’s been all downhill ever since,” Judge LaSata said.