Second Man Sent to Prison for Eveline Township Property Destruction

This morning in the 33rd Circuit Court, Terry Lee McCall, 48, East Jordan, was sentenced to 18 to 180 months in prison for an incident that occurred in Eveline Township in September 2018.

Judge Roy C. Hayes issued the sentence. In December, Hayes had sentenced McCall’s co-defendant Burton David Cortez to 38 to 90 months in prison for the same incident. Cortez was also convicted of assault with a dangerous weapon.

McCall had pleaded guilty to attempted malicious destruction of property $1,000 or more but less than $20,000 with a habitual offender, fourth enhancement. The maximum penalty for the offense was 15 years in prison.

According to an an affidavit signed by police in the matter, on September 14, 2018, following a property line dispute earlier in the day, two individuals were attacked by McCall, Cortez and two others. Cortez used a knife to slash one victim’s tires and stab him while McCall punched him and attempted to pull the victim out of his vehicle.

All four co-defendants combined to cause over $4,000 in damage to the victim’s car, resulting in the malicious destruction charge. Judge Hayes also ordered McCall to pay $4,434.89 in restitution jointly with Cortez.

A misdemeanor assault charge was dismissed as part of a plea agreement, as was the original malicious destruction of property charge.

At sentencing, Hayes noted that McCall had already served two prior prison terms. Court records show that those terms were for prior convictions for breaking and entering an unoccupied building and breaking and entering with intent.

McCall was in prison on and off from 1994 to 2011 due to those sentences and subsequent parole violations. He was on probation in the 90th District Court at the time he committed the malicious destruction of property offense.

In a sentencing memorandum filed with the Court, Charlevoix County Prosecuting Attorney Allen Telgenhof quoted from the pre-sentence report prepared by the circuit court probation department which termed McCall’s actions as a “convict mentality of righting wrongs or perceived wrongs via force and violence.”

 

 

About Allen Telgenhof

Allen Telgenhof is the Charlevoix County Prosecuting Attorney; he has been an attorney since 1989 and a high school baseball coach since 2005. Graduated from Clio High School, Michigan State University and Thomas M. Cooley Law School. Proud father of Ty, Ally, Will and Luke and husband to Erin.
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