Dowagiac man sentenced for stealing money, weapons

Published 9:05 am Monday, December 23, 2019

CASSOPOLIS – A Dowagiac man who stole money, weapons and other items to support his drug habit is going to prison.

Benjamin Lee Friske, 30, of Cass Street in Dowagiac, pleaded guilty to seven felony counts and was sentenced Friday in Cass County Circuit Court to concurrent terms of five to 40 years in prison. He must pay $2,106 in fines and costs with restitution to be determined at a later date.

He pleaded as a habitual offender to conducting a criminal enterprise, receiving and concealing stolen property over $20,000, conspiracy to receiving and concealing stolen property more than $20,000, breaking and entering a building with intent to commit larceny, conspiracy to commit breaking and entering, possession of meth and receiving and concealing stolen firearms.

The incident occurred Aug. 19 at a barn on Oak Grove Road near Cassopolis. The victim said Friske stole cash, guns and tools. The victim said he now sleeps with a gun nearby after the break-ins.

“This falls into the 10 percent rule,” said Cass County Prosecutor Victor Fitz. “That is, 10 percent of the people do 90 percent of the crimes. This has had a huge impact on the victim. His life has changed, and he sleeps with a gun by his side.

“The defendant is part of a den of thieves,” Fitz added. “We reached a plea deal of five years in prison. The price for him could have been much more. He could have faced close to 20 years. This is his 15th criminal conviction.”

Fitz asked Cass County Circuit Judge Mark Herman to follow the plea agreement reached with defense attorney Robert Drake and sentence Friske to five years in prison.

“If he does things right, he could be out before he’s 40 years old,” he said. “He needs to change his life.”

Drake noted that two co-defendants in the case have not been charged or arrested.

“I ask that you honor the plea agreement. Both sides benefit from resolving this case,” he told Judge Herman. “At least this chapter is closed.”

Judge Herman noted that police responded to a report of the Aug. 19 break-in.

“Three days later, police obtained a search warrant to search your home and found a large number of tools belonging to [the victim] as well as a man from Niles,” he said. “You said you were hooked on meth and stole to support your habit.”

In another sentencing, a Dowagiac resident was sentenced to probation for breaking into a shed and stealing a motorcycle.

James Robert File, 42, of E. Telegraph Street in Dowagiac, pleaded guilty to breaking and entering a building with intent to commit larceny and unlawful driving away of a motor vehicle, both as a habitual offender, and was sentenced to 36 months’ probation, credit for time served and $1,616 in fines and costs.

The incident occurred March 27 at a location in the 400 block of E. Railroad Street in Dowagiac. He was found in Niles later that day in possession of items he could not account for.

File told police that he was addicted to meth and stole the items to purchase more meth. The motorcycle and other items were recovered and returned to the victim.

Another Dowagiac man was given the chance to get help for his drug addiction and stay out of prison.

William C. Myers III, 34, of 69th Street near Dowagiac, pleaded guilty to delivery/manufacture of meth and was sentenced to three years’ probation, 300 days in jail with credit for 276 days served with the rest to be served at the Twin County Probation Center and $1,908 in fines and costs.

He was given credit for time served and $550 in fines and costs for attempted open container of alcohol in a motor vehicle.

The incident occurred March 19 near the intersection of E. Division and E. Railroad streets in Dowagiac. Police stopped his car and found that there was a bench warrant out for him from a 2017 case. A search of the car found the drugs.

“I want you to realize that your drug addiction has you on the brink of going to a prison for a long time,” Judge Herman said. “The guidelines call for a prison term of six to 20 years. You can be rest assured that if you violate your probation, you will go to prison, and the likelihood is that you will go to prison longer than you would today.”

Myers said he wants to take control of his life.

“I want to take care of myself and my son and own up to my actions,” he said.

“You’ve been given a great opportunity,” Judge Herman said. “We’re giving you the tools, but we can’t make you do the work.”

In other sentencings:

• William Cornell Lynch, 56, of Chicago, pleaded guilty to two counts of resisting and obstructing police as a habitual offender and was sentenced to 210 days in jail with credit for 157 days served and $1,766 in fines and costs. The incident occurred July 20 on Gray Street in Dowagiac.

• Luis Jonathan Guillen, 38, of Elkhart, pleaded guilty to fleeing and eluding police and driving while intoxicated and was sentenced to two years’ probation, credit for 176 days served, $2,338 in fines and costs and $260 in restitution. The incident occurred March 7 in Edwardsburg. He is also wanted in Elkhart County for similar charges.

• Christopher Ray Sachjen, 36, of an unknown address, pleaded guilty to unlawful driving away of an automobile as a habitual offender and was sentenced to three years’ probation, 365 days in jail with credit for 294 days served, $1,408 in fines and costs and $3,000 in restitution. The incident occurred May 28, 2018, in Marcellus.