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NILES — A Berrien Springs man who forced an elderly woman to write a check to him was sentenced to prison Monday in Berrien County Trial Court.

Ernesto Japon Lopez, 68, of Berrien Springs, pleaded guilty to unarmed robbery and was sentenced to 24 months to 15 years in prison with credit for 173 days already served. He must pay $198 in fines and costs as well as $395.41 in restitution. A restitution hearing will be held at a later date for other restitution amounts under dispute.

     The incident occurred April 17 in Oronoko Township when he forced an elderly woman to write a check to him. He had initially been charged with armed robbery and felonious assault but those charges were dismissed.

     Arnold noted that Lopez had been doing odd jobs in the past for the victim who is 85 and stood over her as she wrote out the check on this occasion. “She was very frightened,” Arnold said. “She was injured and she doesn’t feel safe in her house now. He threatened to kill her.”

     Arnold said that police found ammunition and weapons including a machete and knives in their search of Lopez’s home.

     Defense attorney Carri Briseno noted that Lopez only had one previous arrest and that charge was later dismissed. “He is well educated and been successful,” she said. “In retirement, he has done other odd jobs. Unfortunately, he is here before the court. He could benefit from probation.”

     Judge Smith said she was concerned about Lopez having weapons and threatening the victim to give him money. “She deserves to feel safe in her home, she felt terrorized,” the judge said. “She’s 85, she deserves to be safe. She was actually physically injured in this incident. This type of crime is very serious.”

“The victim testified at the preliminary hearing that you had been doing some jobs for her and that you went to the same church,” she said. “She said you came that day saying you needed money. You would come and do jobs she didn’t need done and demand payment. She would pay so you would go away. On this day, she decided she wouldn’t pay.”

“You’re 68 and she’s 85,” the judge added. “It’s odd that you would commit this crime out of nowhere. Your wife said you had a brain injury two years ago and it had some effect on your personality … This was certainly out of the blue. I’m not sure this was a wake up call, but I hope you will take a look at it when you get out of prison.”