Men involved in Dowagiac murder charged with 11 felonies
Published 11:40 am Thursday, January 30, 2020
DOWAGIAC — Two men involved in the murder of Michael Collins, 40, of Dowagiac, have been charged with 11 felonies.
Justin Carlton, 41, of Kalamazoo, and Jay Penar, 38, of Mishawaka, were arraigned in Cass County District Court Wednesday on charges of homicide, conspiracy to commit robbery, armed robbery and unlawful firearm possession. Both men’s charges carry a potential sentence of life in prison.
As Carlton has been convicted of three prior offenses, including an assault by strangulation in 2014, he is being charged as a habitual offender.
The charges stem from a Monday incident at Collin’s residence in the 700 block of Louise Avenue in Dowagiac at 1:40 a.m., when Cass County dispatch received information via text that a male subject had been shot and killed at the residence, according to the Dowagiac Police Department.
After further investigation, Dowagiac police determined Carlton and Penar entered the residence with the intent to rob the people living there.
During the arraignment, Cass County Prosecutor Victor Fitz said Penar had lived in the house prior to the robbery and purchased drug paraphernalia days before.
According to police reports referenced during arrangement, Carlton and Penar entered the house wearing masks with a key Penar had.
Within a short period of time in the home, Carlton shot and killed Collins, Fitz said, referencing police reports. Carlton then instructed Penar to zip tie the three remaining and living residents in the home. Collins was also duct-taped. The men spent the next 45 minutes looking around the home, eventually stealing marijuana, methamphetamine, money, cell phones and a television.
Following the robbery and murder, Dowagiac police narrowed in on Penar as a suspect
and located him at a location north of Three Rivers.
Carlton was later found at a residence near Kalamazoo. Officers obtained a search warrant for the residence and took Carlton into custody.
Fitz said Carlton was an extreme, continual danger to the public.
“This defendant has made threats to kill other people, in addition to the person he pulled the trigger on earlier this week in Dowagiac,” Vitz said.
During the arraignment, Carlton proclaimed himself to be a sovereign citizen.
“As the court is well aware, that increases the likelihood that he will not cooperate with court orders,” Fitz said. “He will not cooperate with the requirement to appear, because he holds the court and the law of this land in disregard.”
Fitz requested that both men be denied bond, which was granted by the judge.
“As we indicated on the record, these defendants are continued dangers to the public, and we are pleased with the result of no bond at this time,” Vitz said.
Both Carlton and Penar are due back in court on Feb. 6 for their respective preliminary examination conferences.