Ok Get this. A judge in my county gave a kid a break in a drug case because "Buskirk’s court-appointed attorney, pointed out, too, that his client’s record was relatively clean, except for two juvenile court cases involving child molestation and cruelty to animals
A clean record is considered child molestation and cruelty to animals.
Here is the entire Story:
http://www.wsbt.com/news/wsbt-cooperation-in-drug-case-pays-off-20110218,0,830199.story
Showing posts with label Cass County Court. Show all posts
Showing posts with label Cass County Court. Show all posts
Saturday, February 19, 2011
Sunday, January 30, 2011
Dowagiac Rapist is allowed to plea his way out of rape charge
On Friday January 7th 2011, Mr. David Donley was sentenced in Cass County Circuit Court by Judge Michael Dodge to a prison term of 12 ½ to 40 years. This sentence is the result of a plea bargain between Cass County Prosecutor Victor Fitz and Donley.
Donley was arrested by Dowagiac Police after a rape complaint was received from a Dowagiac women in June of 2010. According to Court records, 8 charges were authorized against Donley. The charges include: 2- First-Degree Criminal Sexual Conduct, 1- Home Invasion, 1- Third-Degree Criminal Sexual Conduct, 1- CCW Concealed Weapon, 1- Felonious Assault and 2-Resist and Obstruct charges.
According to testimony, Donley forced his way into the victim’s apartment at knife point and raped her twice. During Donley’s stay at Cass County Jail, three additional charges were added for criminal behavior while in custody. Donley was designated an Habitual Offender by the prosecutor. Mr. Fitz also asked that Donley be required to wear restraints to protect people attending the hearing.
Prosecutor Fitz agreed to drop the 3 Criminal Sexual Conduct charges and the 3 charges added while Donley was in jail. In exchange, Donley would enter a No Contest Plea relating to the five remaining charges. Certainly a dangerous criminal is off the street for a very long time, but is it long enough?
As Mr. Fitz pointed out in his recent presentation at the Rotary Club in Dowagiac, Michigan’s Department of Corrections are trying to solve their budget problems by letting out more violent criminals. Mr. Fitz asked the question; “How does releasing more murderers, armed robbers, and CSC offenders make you safer?."
The problem with not prosecuting Donley’s CSC charges has its own set of consequences. First and foremost, the victim has not received justice for the rape crime committed against her. If Donley didn’t commit the rape, most of the other charges would have never been lodged against him. The second problem is with the plea agreement. When Donley gets out of prison, he will not be required to register as a sex offender. It is as if the rape never happened. How will this keep us safer?
According to the Prosecutor, Donley is a Habitual Offender. Donley’s sentence is 12 ½ to 40 years and, if I understand Mr. Fitz’s article correctly, the truth-in-sentencing legislation will require Donley serve at least the minimum. If Donley had been prosecuted and convicted of 1st Degree CSC, the penalty could have been as much as imprisonment for life.
In an April 25,2008 article in the South Bend Tribune, Linda Baechle, then Exec. Director of the YWCA, wrote; “Rape should be prosecuted to the fullest extent of the law. The victims are humiliated, embarrassed, frightened. When the perpetrator is not prosecuted and sent away, the survivor is fearful of being alone and always looking over her shoulder for the rapist. The rapist is still out there. She may encounter him at the market or dry cleaners. She will never feel completely safe again.”
Criminal Sexual Conduct cases, involving adult women, are just not a priority for area prosecutors. According to the Michigan State Police website, their Michigan Incident Crime Report (MICR) for Cass County, lists 38 complaints reported in 2008 with only 3 arrests. The same report shows 25 complaints reported in 2009 with 3 arrests. Arrests do not mean there are prosecutions. The Prosecutor’s office must authorize charges before anything happens. So very little is done in Cass County in regard to these complaints.
Danny Inman of DASAS told the Rotary Club in December of 2010 that sexual assault is the number one under-reported crime in the country. Only 5% of the victims tell police, and 15 of 16 perpetrators walk away free. According to Inman, statistically, 94% of assault victims are telling the truth, but it is hard to get a conviction.
If a person is raped at knife point, and she is asked about her assailant’s sentence, which excludes rape charges, what do you think her answer would be? With so few prosecutions of CSC cases involving adult women, justice is hard to come by. Counseling, mood-altering drugs and time are the only options for most victims.
Donley was arrested by Dowagiac Police after a rape complaint was received from a Dowagiac women in June of 2010. According to Court records, 8 charges were authorized against Donley. The charges include: 2- First-Degree Criminal Sexual Conduct, 1- Home Invasion, 1- Third-Degree Criminal Sexual Conduct, 1- CCW Concealed Weapon, 1- Felonious Assault and 2-Resist and Obstruct charges.
According to testimony, Donley forced his way into the victim’s apartment at knife point and raped her twice. During Donley’s stay at Cass County Jail, three additional charges were added for criminal behavior while in custody. Donley was designated an Habitual Offender by the prosecutor. Mr. Fitz also asked that Donley be required to wear restraints to protect people attending the hearing.
Prosecutor Fitz agreed to drop the 3 Criminal Sexual Conduct charges and the 3 charges added while Donley was in jail. In exchange, Donley would enter a No Contest Plea relating to the five remaining charges. Certainly a dangerous criminal is off the street for a very long time, but is it long enough?
As Mr. Fitz pointed out in his recent presentation at the Rotary Club in Dowagiac, Michigan’s Department of Corrections are trying to solve their budget problems by letting out more violent criminals. Mr. Fitz asked the question; “How does releasing more murderers, armed robbers, and CSC offenders make you safer?."
The problem with not prosecuting Donley’s CSC charges has its own set of consequences. First and foremost, the victim has not received justice for the rape crime committed against her. If Donley didn’t commit the rape, most of the other charges would have never been lodged against him. The second problem is with the plea agreement. When Donley gets out of prison, he will not be required to register as a sex offender. It is as if the rape never happened. How will this keep us safer?
According to the Prosecutor, Donley is a Habitual Offender. Donley’s sentence is 12 ½ to 40 years and, if I understand Mr. Fitz’s article correctly, the truth-in-sentencing legislation will require Donley serve at least the minimum. If Donley had been prosecuted and convicted of 1st Degree CSC, the penalty could have been as much as imprisonment for life.
In an April 25,2008 article in the South Bend Tribune, Linda Baechle, then Exec. Director of the YWCA, wrote; “Rape should be prosecuted to the fullest extent of the law. The victims are humiliated, embarrassed, frightened. When the perpetrator is not prosecuted and sent away, the survivor is fearful of being alone and always looking over her shoulder for the rapist. The rapist is still out there. She may encounter him at the market or dry cleaners. She will never feel completely safe again.”
Criminal Sexual Conduct cases, involving adult women, are just not a priority for area prosecutors. According to the Michigan State Police website, their Michigan Incident Crime Report (MICR) for Cass County, lists 38 complaints reported in 2008 with only 3 arrests. The same report shows 25 complaints reported in 2009 with 3 arrests. Arrests do not mean there are prosecutions. The Prosecutor’s office must authorize charges before anything happens. So very little is done in Cass County in regard to these complaints.
Danny Inman of DASAS told the Rotary Club in December of 2010 that sexual assault is the number one under-reported crime in the country. Only 5% of the victims tell police, and 15 of 16 perpetrators walk away free. According to Inman, statistically, 94% of assault victims are telling the truth, but it is hard to get a conviction.
If a person is raped at knife point, and she is asked about her assailant’s sentence, which excludes rape charges, what do you think her answer would be? With so few prosecutions of CSC cases involving adult women, justice is hard to come by. Counseling, mood-altering drugs and time are the only options for most victims.
Thursday, April 22, 2010
Cass County Medical Marijuana user to lose home and car?
I am going to watch this Vanderbutts case really close. Now that Mr. Vanderbutts has been found guilty everyone needs to watch his sentencing. Mr. Vanderbutts was convicted of maintaining a drug house. Mr. Vanderbutts has said the County wants to take his house for his crime.
It wasn't long ago that Funeral Director Dave Groner was convicted of Possession of Meth and maintaining a drug house for meth. The county did not seize any of his property. I am sure we can all agree that Meth is a much more dangerous drug than marihuana. I don't think that the state allows the medical use of meth for any reason.
If the county seizes Mr. Vanderbutts house for marihuana and didn't take Mr. Groner house for three Meth convictions, this proves that something in the justice system in Cass County is just not right.
Randall
It wasn't long ago that Funeral Director Dave Groner was convicted of Possession of Meth and maintaining a drug house for meth. The county did not seize any of his property. I am sure we can all agree that Meth is a much more dangerous drug than marihuana. I don't think that the state allows the medical use of meth for any reason.
If the county seizes Mr. Vanderbutts house for marihuana and didn't take Mr. Groner house for three Meth convictions, this proves that something in the justice system in Cass County is just not right.
Randall
Friday, April 16, 2010
Cass County Medical Marijuana Card Holder Speaks Out
My name is Sylvester Vanderbutts. I am a resident of Howard Township, Cass County, Michigan. I began chemotherapy in 2005 for Stage 4 lymphoma cancer. I began a second chemotherapy treatment for chronic hepatitis C. I have Type 1 diabetes due to surgeries to remove tumors, and I take insulin shots daily. I have been diagnosed as having bipolar depression. I am very ill and also have an ulcer in my stomach. I have suffered a great deal of stress from the ordeal with the authorities in Cass County. I will have to go through more chemotherapy in the future.
When I found out that Proposal 1 to legalize medical marijuana passed in the state of Michigan, I began growing my own plants and at the same time notified my physician about what I would like to do in order to counteract the effects of chemotherapy. The doctor agreed with the treatment and said that he would be glad to sign documentation, but he couldn’t prescribe as there were no prescriptions for it. Once the Proposal passed, I began using the marijuana treatment. It alleviated my pain without pain medication. It also relieved my nausea without further medication. The medications bothered me. I don’t take medication well. It was causing stomach upset and that is why I think I have this ulcer.
Everything was ok; my plants were growing. Plants take about four months to grow. On August 8, 2009 I went to the Medical Marijuana Expo in Detroit, and when I returned home, a neighbor said he saw two strangers in the middle of the night trying to jump my fence. I believe they were looking for marijuana. It may have been the Michigan SWET team.
They put out a warrant for my electric bill, and at a later date, they had another warrant for a helicopter to hover over my house using infrared.
I never sold any marijuana to anybody. I never gave it to anybody. I was growing it for my use and to be a caregiver for five other patients. I had 42 plants total, two mothers, 15 clones. I wasn’t able to provide anyone else with the marijuana because the plants weren’t ready. I had just enough for my own continuous use. At that time, that is when the police raided my home. My card was issued on August 29, 2009 and the police raided my home on September 14, 2009. I was arrested and placed in the Cass County Jail. I had to pay a bonds lady $2,500 to get out of jail. I went back home. I had to get a ride from the bonds lady because the police confiscated my 1997 S-10 step side pick up. They also took $2,750 cash from under my bed in my safe, which was my social security money. They also took all my tax records and my computer, and my cell phone, my checkbooks and all other documentation. I have not been able to file my taxes because of it. They are attempting to get my home. This house has been in my family for over 40 years.
I feel that they are attempting to try me as a drug dealer, when, in fact, I am a patient using medical marijuana for my illness to alleviate all the pain and nausea.
After I hired an attorney, this went to District Court to Judge Stacey Rentfrow and she ended up sending this case to Circuit Court in front of Judge Dodge. I refused to plead guilty as I am not guilty of anything illegal. They have charged me with 4 felony counts, which would give me 8 years each. After that, they decided they would just charge me with having too many plants.
Judge Dodge said that he will not allow the information regarding my medical condition to be used in court, neither will he allow the fact that I have this documentation to be able to use medical marijuana.
I do not understand why the jury will not be allowed to know the truth, the whole truth and nothing but the truth.
Next Tuesday I will win, or they will lock me up and throw away the key. 63% of the Michigan voters voted so that people like me could use this Medical Marijuana Act without prosecution, seizure or arrest.
I did not do anything wrong. I am a victim of the Cass County Court system.
Why do they have to throw a sick man in jail? I am only 52, and I do not believe I will live long. I know I will have to go through 12 more weeks of chemotherapy and suffer tremendously just to live a little longer. Where did we lose our compassion? What is wrong with this county? Why do they have to do this to me? Why do they have to do this to anyone? Whatever time I have left, I just want to be left in peace to fight my fight to live each day. Isn’t that what everyone wants? No matter how much pain and suffering is involved, we try to survive one more day.
I truly believe the truth will set me free. This is the truth.
If anyone wants to help, just come down to the Cass County Courthouse on Tuesday, April 20, 2010 at 8 a.m. and hold a sign in support of people like me who are sick, who are not criminals, who use medical marijuana to relieve terrible pain and suffering.
Sylvester Vanderbutts
(Please send in your comments about medical marijuana to our forum.)
When I found out that Proposal 1 to legalize medical marijuana passed in the state of Michigan, I began growing my own plants and at the same time notified my physician about what I would like to do in order to counteract the effects of chemotherapy. The doctor agreed with the treatment and said that he would be glad to sign documentation, but he couldn’t prescribe as there were no prescriptions for it. Once the Proposal passed, I began using the marijuana treatment. It alleviated my pain without pain medication. It also relieved my nausea without further medication. The medications bothered me. I don’t take medication well. It was causing stomach upset and that is why I think I have this ulcer.
Everything was ok; my plants were growing. Plants take about four months to grow. On August 8, 2009 I went to the Medical Marijuana Expo in Detroit, and when I returned home, a neighbor said he saw two strangers in the middle of the night trying to jump my fence. I believe they were looking for marijuana. It may have been the Michigan SWET team.
They put out a warrant for my electric bill, and at a later date, they had another warrant for a helicopter to hover over my house using infrared.
I never sold any marijuana to anybody. I never gave it to anybody. I was growing it for my use and to be a caregiver for five other patients. I had 42 plants total, two mothers, 15 clones. I wasn’t able to provide anyone else with the marijuana because the plants weren’t ready. I had just enough for my own continuous use. At that time, that is when the police raided my home. My card was issued on August 29, 2009 and the police raided my home on September 14, 2009. I was arrested and placed in the Cass County Jail. I had to pay a bonds lady $2,500 to get out of jail. I went back home. I had to get a ride from the bonds lady because the police confiscated my 1997 S-10 step side pick up. They also took $2,750 cash from under my bed in my safe, which was my social security money. They also took all my tax records and my computer, and my cell phone, my checkbooks and all other documentation. I have not been able to file my taxes because of it. They are attempting to get my home. This house has been in my family for over 40 years.
I feel that they are attempting to try me as a drug dealer, when, in fact, I am a patient using medical marijuana for my illness to alleviate all the pain and nausea.
After I hired an attorney, this went to District Court to Judge Stacey Rentfrow and she ended up sending this case to Circuit Court in front of Judge Dodge. I refused to plead guilty as I am not guilty of anything illegal. They have charged me with 4 felony counts, which would give me 8 years each. After that, they decided they would just charge me with having too many plants.
Judge Dodge said that he will not allow the information regarding my medical condition to be used in court, neither will he allow the fact that I have this documentation to be able to use medical marijuana.
I do not understand why the jury will not be allowed to know the truth, the whole truth and nothing but the truth.
Next Tuesday I will win, or they will lock me up and throw away the key. 63% of the Michigan voters voted so that people like me could use this Medical Marijuana Act without prosecution, seizure or arrest.
I did not do anything wrong. I am a victim of the Cass County Court system.
Why do they have to throw a sick man in jail? I am only 52, and I do not believe I will live long. I know I will have to go through 12 more weeks of chemotherapy and suffer tremendously just to live a little longer. Where did we lose our compassion? What is wrong with this county? Why do they have to do this to me? Why do they have to do this to anyone? Whatever time I have left, I just want to be left in peace to fight my fight to live each day. Isn’t that what everyone wants? No matter how much pain and suffering is involved, we try to survive one more day.
I truly believe the truth will set me free. This is the truth.
If anyone wants to help, just come down to the Cass County Courthouse on Tuesday, April 20, 2010 at 8 a.m. and hold a sign in support of people like me who are sick, who are not criminals, who use medical marijuana to relieve terrible pain and suffering.
Sylvester Vanderbutts
(Please send in your comments about medical marijuana to our forum.)
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