Habitual offender has 31 misdemeanors, five felonies
Published 8:46 am Tuesday, August 13, 2019
NILES — Three area men are going to prison after being sentenced Monday in Berrien County Trial Court in Niles.
Isaac James Burch, 39, of Depot Street in Niles, pleaded guilty to assault with intent to do great bodily harm less than murder as a habitual offender and was sentenced to 57 months to 10 years in prison. He has credit for 146 days already served and must pay $198 in fines and costs.
The incident occurred March 7 when he pushed a woman to the floor and tried to choke her at a residence in Niles, according to police reports.
Berrien County Trial Judge Charles LaSata noted that Burch has an extensive criminal record with 31 prior misdemeanors and five prior felonies and has been to prison before. The judge noted that Burch currently has three personal protection orders taken out against him by three different women.
“You have a difficult time living in the community and among civilized society,” LaSata told Burch. “I am sentencing you to the maximum end of the guidelines to protect the community.”
Also Monday:
• A Nappanee youth was sentenced to prison for a criminal sexual conduct related charge.
Joseph Allen-Emilio Rohena, 19, of Nappanee, Indiana, pleaded guilty to assault with intent to commit sexual penetration and was sentenced to one to 10 years in prison. He has credit for 127 days already served and must pay $258 in fines and costs. He has to register as a sex offender.
The incidents occurred between June 1 and Aug. 1, 2018, against an underage person at a residence in Buchanan.
Judge LaSata said Rohena victimized the 13-year-old victim with grooming and buying items for the victim.
“I’m most concerned that you showed predatory behavior,” he said. “This is a serious offense, and it carries serious sanctions.”
• An Eau Claire man was sentenced to prison for resisting and obstructing police in a May incident.
Daniel Steven White, 38, of Fifth Street in Eau Claire, pleaded guilty to resisting and obstructing police as a habitual offender and second offense domestic violence and was sentenced to 18 months to three years in prison for the resisting and obstructing charge and credit for time served, 103 days, on the domestic violence charge. He must pay $248.
The incident occurred May 2 on Main Street in Eau Claire. He first assaulted his girlfriend and then resisted and obstructed Berrien Springs-Oronoko Township police officer Donald Divis.
Judge LaSata noted that while he was sympathetic that White and his girlfriend had lost a child to cancer in 2015, White had a number of assaultive convictions before that. “This time you put multiple people in danger,” he said. “This could have been a misdemeanor if you had not fled.”
In other sentencings, four area residents received jail and probation sentences.
• Donald McBride, 34, of South Holland, Illinois, pleaded guilty to attempted possession of a stolen financial transaction device and was sentenced to two years’ probation, credit for 12 days served, $2,800.12 restitution and $898 in fines and costs.
The incident occurred Feb. 7 and 8, 2017, when he tried to cash fraudulent checks at the Greater Niles Community Federal Credit Union in Niles.
• Jessica Leann Vicsik, 24, of McKee Street in Niles, pleaded guilty to second offense domestic violence and resisting and obstructing police and was sentenced to two years’ probation, 15 days in jail, $167.48 restitution and $1,198 in fines and costs on the resisting charge as well as 30 days in jail for the domestic violence charge.
The incident occurred June 2 when she assaulted two people and resisted and obstructed Berrien County Sheriff’s Deputy Preston Huddleston at a residence in Niles Township.
• Samantha Jayne Whitney, 23, of South 13th Street in Niles, pleaded guilty to two counts of possession of meth and was sentenced to 180 days in jail with credit for 84 days served and $498 in fines and costs for the first meth charge.
She was placed on two years’ probation in the drug treatment court program and sentenced to 270 days in jail with credit for 82 days served and $1,138 in fines and costs on the second charge.
The first meth incident occurred May 8 during a traffic stop in Niles. The second incident occurred when she tested positive for drugs in the Niles probation office at the Niles courthouse on May 23.
• Tyler Keith Wiening, 26, of Gardner Road in Galien, pleaded guilty to possession of analogues and was sentenced to two years’ probation, 37 days in jail with credit for seven days served and $1,198 in fines and costs.
The incident occurred June 4 when he was found in possession of analogues when stopped for speeding on Terre Coupe in Buchanan Township.