MAN SENTENCED TO PRISON FOR DAMAGING AREA HOME

Justin William Hillard, 25, Boyne City, was sentenced to 38 to 120 months in prison and ordered to pay nearly $100,000 in restitution for crimes committed in Boyne Valley Township on July 16, 2018.

Hillard pleaded guilty on November 30, 2018 to malicious destruction of property $20,000 or more and two counts of breaking and entering a building with intent to commit a larceny.

According to an affidavit filed by police in the case, Hillard broke into two homes and an outbuilding in Boyne Valley Township in July of 2018 and in one of the homes, he destroyed or damaged fixtures, appliances and furnishings totaling $97,813.88 in damages.

In another home, he broke in and stole tools and electronics and in the outbuilding, he stole a brand new lawn mower. He was ordered to pay restitution totaling $2,113.24 related to these offenses.

No one was at home at the time of Hillard’s actions.

Police discovered Hillard was the perpetrator by lifting and processing fingerprints which were identified as Hillard’s. He lived in the same neighborhood as the homes he ransacked.

Hillard was on felony bond out of Roscommon County at the time he committed these offenses.

“This was a very serious crime where these victims not only had their property damaged or stolen, they had their peace of mind taken away and as one of the victims wrote the court, they lost their sense of safety and tranquility they felt in their home,” Charlevoix County Prosecuting Attorney Allen Telgenhof said.

“This case was solved due to excellent police work by the Charlevoix County Sheriff’s Office with the spotting and collecting of evidence and interviews with the Defendant. This was an excellent team effort by Sergeant Fred Hasty, Detective Ben Speigl and Deputy Cody Wheat.”

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MAN SENT BACK TO PRISON FOR ATTACK ON NEIGHBOR

Burton David Cortez, 39, East Jordan, was sentenced to 38 to 90 months in prison on charges of malicious destruction of personal property $1,000 to $20,000 and assault with a dangerous weapon today in the 33rd Circuit Court.

The offense occurred on September 14, 2018 in Eveline Township. Cortez had just been released from prison on December 25, 2017 after spending over 17 years in prison on convictions of assault with intent to commit sexual penetration and being a prisoner in possession of a weapon.

In this incident, according to an affidavit filed in the case, Cortez and a neighbor became involved in a disagreement over property lines and Cortez and other individuals approached the neighbor and another man with Cortez carrying a knife and a “Maglite” style flashlight. The other men carried large wrenches.

Cortez and the other men slashed the tires of one of the victim’s car to immobilize the vehicle, then assaulted the man with a knife, causing scars the victim showed Judge Roy C. Hayes III in the courtroom during the sentencing.

Hayes also ordered Cortez to pay $4,434.89 in restitution.

“This was a very scary situation for these residents,” Charlevoix County Prosecuting Attorney Allen Telgenhof said. “A simple disagreement over property lines in a remote part of the county resulted in a situation where a completely innocent person was, as he described in court, fighting for his life against a group of weaponized attackers.”

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Man Gets Prison for Strangulation

This morning in the 33rd Circuit Court, Ernest William Alex Sulkowski, Jr., 32, Boyne Falls, was sentenced to 20 to 60 months in prison on a charge of attempted assault by strangulation.

The incident occurred in the City of Boyne City of July 28, 2018. Sulkowski pleaded guilty on November 6, 2018.

According to an affidavit filed in the case, Sulkowski grabbed the victim and began strangling her by using his arm from behind her, squeezing hard enough that she nearly lost consciousness. The victim was 13 weeks pregnant at the time of the assault.

Boyne City Police Department officers responded to the scene and observed the victim’s mouth lined with blood and one of her teeth broken off near the base. They also saw red marks and an abrasion on her neck which appeared slightly swollen.

Sulkowski is a former mixed martial arts fighter and trainer.

“This successful prosecution is the result of a very brave victim, good police work by Officer Kyle Smith who documented the numerous injuries the victim suffered and determined prosecution by (Charlevoix County Chief Assistant Prosecuting Attorney) Kerry Zahner and the work of Victim Advocate Libby Mikulski,” Charlevoix County Prosecuting Attorney Allen Telgenhof said. “Strangulation is a very dangerous crime, especially when the victim is pregnant. Even a momentary loss of oxygen and blood supply can be permanently damaging.”

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Man Sent to Jail for Sexual Assault

On Sept. 28, Tuitamaga Peter Namulauulu, 32, Kewadin, was sentenced to serve eleven months in jail after pleading guilty to assault with intent to commit criminal sexual conduct involving sexual penetration.

The advisory sentencing guidelines called for a minimum sentencing range of 5 to 23 months.

Charlevoix County Prosecuting Attorney Allen Telgenhof asked for a sentence at the high end of the guidelines which would have been 23 to 120 months in state prison.

Namulauulu was originally charged with Criminal Sexual Conduct, Third Degree (Incapacitated Victim), a 15-year felony.

According to the affidavit of probable cause filed in the matter, in the early morning hours of April 29, 2018 in the City of Charlevoix, Namulauulu entered the bedroom of a woman who was asleep and sexually assaulted her.

The woman had met Namulauulu earlier that day. She had stayed home while the defendant and a group of friends went out to a bar.

 

 

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Defendant in Shooting Death Pleads No Contest

Anthony Gene Michanowicz, 29, Boyne City, pleaded no contest to careless discharge of a firearm causing death in the 33rd Circuit Court. The charge is a high court misdemeanor with a maximum penalty of two years in prison.

According to the affidavit of probable cause filed in the case, Michanowicz was showing a new .45 caliber Smith & Wesson pistol he had just purchased to Greg Van Stedum and another individual at a residence in the City of Charlevoix on April 14, 2018.

Michanowicz removed the magazine from the gun and handed the gun to the other man who looked at it then handed it to Greg who gave it back to Michanowicz. As Michanowicz was putting the magazine back into the pistol, it fired, killing Van Stedum.

The crime involved states that a person is guilty where, because of carelessness, recklessness or negligence, but not willfully or wantonly, a person causes or allows a firearm under his immediate control to be discharged so as to kill or injure another person.

Michanowicz pleaded no contest because of the potential for civil liability arising from the incident. A no contest plea has the same result as a guilty plea for all purposes related to the criminal case.

Sentencing is scheduled for October 12, 2018 at 9:00 a.m.

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Boyne Falls Man Sentenced to Prison

For the second straight week, a Charlevoix County man was sentenced to prison for stealing drugs.

Trent Jay Cowles, 20, Boyne Falls, was sentenced to serve 30 to 48 months in prison related to an incident which occurred on May 9, 2017 in Hayes Township. Cowles and three other men gained entry to the residence through a window. They were all wearing ski masks.  Cowles was brandishing a fiberglass driveway marker stake. When questioned by police, the men admitted they stole drugs, drug paraphernalia and a gun from the home.

Cowles pleaded guilty to larceny in a building and assault with a dangerous weapon, both felonies with a maximum penalty of four years in prison. In exchange for these guilty pleas, the more serious charge of conspiracy to commit first degree home invasion, a twenty-year felony, was dismissed.

After imposing sentence, Circuit Court Judge Roy C. Hayes III indicated that at a later date he would consider allowing Cowles to serve his time with the Michigan Department of Corrections through the Special Alternative Incarceration program. This program is commonly referred to as “boot camp.”

“We hear repeatedly that the use of drugs is a victimless crime,” Charlevoix County Prosecuting Attorney Allen Telgenhof said. “However, over and over we see that people who use drugs commit other crimes to fuel their habits. The drugs also cause them to make poor decisions.”

Last week Judge Hayes sentenced Trevor James Blackwell of Charlevoix to prison for tampering with evidence and the theft of medical marijuana plants from two locations in Charlevoix County. Cowles was also a co-defendant in one of those thefts. On that charge, he pleaded guilty to a misdemeanor charge of larceny over $200 but less than $1,000 in the 90th District Court.

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Charlevoix Man Sentenced to Prison for Marijuana Thefts and Evidence Tampering

On Friday, Sept. 7, Trevor James Blackwell, 26, Charlevoix was sentenced to prison in the 33rd Circuit Court for breaking and entering a pole barn with intent and tampering with evidence. Blackwell was subject to an enhanced sentence because he had previous felony convictions.

According to affidavits filed by police, on Sept. 10, 2017, Blackwell and other individuals broke into two different medical marijuana grow operations where they stole over 100 marijuana plants.

While Blackwell was awaiting trial on these charges, he convinced one of his fellow offenders to write a false letter stating that Blackwell was not involved. The letter was given to Blackwell’s attorney for use in court, but under oath the witness admitted the letter was false.

Circuit Court Judge Roy C. Hayes III sentenced Blackwell to 48 to 240 months in prison on the breaking and entering charge and an additional 23 to 48 months on the evidence tampering charge to be served consecutively. Blackwell received 112 days of jail credit.

Blackwell was also charged originally with larceny $20,000 or more (for the other marijuana theft), home invasion first degree (for the theft of a television on a different date) and witness intimidation. Those charges were dismissed as part of the plea agreement.

“One of the most important parts of the sentence was the consecutive time on the evidence tampering,” Charlevoix County Prosecuting Attorney Allen Telgenhof said. “It was discretionary by the court, however, the judge agreed that to sentence that time concurrently would give no punishment for the crime. It is important that when someone is charged with a crime that they know if they intimidate witnesses or create false evidence, they will be getting more time behind bars.”

 

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