Berrien County Court gives probation, jail time for violent violations

Published 9:05 am Wednesday, November 20, 2019

NILES — A Niles man was given jail time with a probation sentence to follow Tuesday for committing two physical crimes while on probation for strangulation.

Jose Guadalupe Araguz Jr., 27, of N. Seventh Street, was sentenced to 90 days in jail, with 66 days already served, by Berrien County Trial Court Judge Arthur Cotter, for assault and battery and resisting arrest. Once out, Araguz will serve 13 to 16 months of probation.

“Probation is an opportunity to show that you’re not deserving of going to prison,” Cotter said to Araguz.

On Sept. 14, Araguz appeared at a home on Terminal Road in Niles Charter Township. When no one answered, he began pulling on a cable cord, prompting those inside the home to come out and confront him.

Araguz began throwing punches, landing one on a victim’s ear, before using a broom to break a house window and then leaving in his vehicle.

Officers were able to track down Araguz and his vehicle, who then resisted arrest.

On Monday, Araguz said he was prepared to accept any sentence Cotter gave him.

“It was a very bad decision made,” he said about his two probation violations. “I was scared.”

In addition to his sentence, Araguz will pay $198 in fines and potentially $1,460 in restitution, depending on the outcome of a future restitution hearing.

Araguz was previously sentenced to 120 days in jail and 30 months of probation in 2017 for strangulation.

Also sentenced for his violent actions was Lamont Ivory Green, 39, of S. Fourth Street in Niles.

Green was sentenced to 30 days in jail, with 30 days already served, for second-degree domestic violence. As part of his sentencing, he cannot contact his victim.

On Oct. 19, Green pushed and slapped his victim before making her strip down and sit in a bedroom while he prevented her from escaping. He also confiscated his victim’s cell phone.

Green has previously been sentenced for several assaults and one other domestic violence incident.

Like Green, Jermaine Devon Grihm, 35, of Red Bud Trail in Buchanan, also pushed someone.

Cotter sentenced Grihm to one day in jail, with one day served, and $510 in fines for disturbing the peace.

At 1:42 a.m. Oct. 25, officers were called to investigate yelling between people. Grihm was drunk and arguing with his roommates, at one point pushing one to the ground.

The following people were also sentenced Monday by Cotter, each for probation violations:

Cheri Lynn Burkhard, 42, had her probation revoked and was sentenced to 180 days in jail, with 11 days served, for violating her probation’s drug restrictions numerous times.

Burkhard tested positive for cocaine and opioids a handful of times this summer and fall while on probation for a second-degree narcotics sentence.

While Burkhard claimed she was seeking treatment on her own, Cotter said jail time would force her to be clean. Afterward, he said, she had to take initiative in overcoming her addictions or else face future jail or prison time.

Sarea Nicole Fisette, 22, had her probation revoked as well but will serve no additional punishment.

In May, Fisette was sentenced to probation for third-degree retail fraud. In October, she violated probation by testing positive for marijuana use.

Cotter ended her probation because she had already completed her required community service, paid her fines and found employment.

He also noted that if she was not on probation, her using marijuana would not be breaking a law.