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Judge: Drug court shouldn’t draw criminals

ROGERS CITY–Drug courts should not become a magnet drawing felons to a town, a judge said as he handed down a sentence to a habitual offender Monday in the 53rd Circuit Court in Rogers City.

Tim Lutz, of Alanson, pleaded guilty to possession of methamphetamines, pleading down from original charges of manufacturing or distribution of a controlled substance. At his sentencing Monday, Lutz’s attorney requested treatment for substance addiction in place of incarceration.

A sentencing has to take into account the resources available, Judge Aaron Gauther said, noting that no drug court exists in Presque Isle County. Although Cheboygan is part of the 53rd Circuit Court, Gauther rebuffed the suggestion that Lutz could take part in that county’s drug court.

“That’s not what those programs are designed for,” Gauthier said. “Those programs require significant investment of a community to support people in their community.”

He speculated that the community probably would not support a drug court that turned into a magnet for felony offenders.

Lutz, who has three felonies and 27 misdemeanors on his record, and who was on probation for two other crimes when he committed the offense in Presque Isle County, was sentenced to 18 months to 15 years in prison, with credit for 276 days served.

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Also in the 53rd Circuit Court Monday, a man who scammed a Presque Isle homeowner and a utility company was sentenced to 115 days in jail, with credit for 115 days served. Gauthier found it troubling that the charges against Calvin Ferrell, with no previous record, both involved felonious and dishonest behavior. He noted, however, that Ferrell had taken steps toward making the situation right.

Given Ferrell’s compliance with “making the victims whole” through paying significant restitution before his sentencing date, and with the lack of a prior record, Gauthier sentenced Ferrell to only time served, making sure paperwork was expedited so Ferrell could be released immediately.

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Victim impact statements were read before the sentencing of Dillon Steele, who was sentenced to five years’ probation and one year in jail for accosting a minor for immoral purposes.

A request by Steele’s attorney for house arrest with Holmes Youthful Trainee Act status — which would expunge his record after his probation was successfully served — was declined by the court.

The prosecutor read an impact statement submitted by the victim, a minor aged 13 to 15, in addition to a statement read by the victim’s father.

The News does not name alleged victims of sexual assault.

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A jury will consider 29 counts of criminal sexual assault and delivery of marijuana to a minor when Onaway man Michael Rigot stands for trial on Oct. 30.

Rigot was originally scheduled for trial on July, but Gauthier was forced to declare a mistrial after attorneys were not able to seat a jury of 12 eligible jurors.

Defense attorney Devin Pommerenke, who only recently was hired as Rigot’s attorney, asked in court Monday that the scheduled trial be adjourned for 60 days to give him time to prepare.

The court rejected the request, however, and the trial will proceed as scheduled.

Rigot, accused of first-degree criminal sexual conduct toward a minor, in addition to other charges, has until Oct. 7 to agree to any plea agreement that may be offered by the Presque Isle County Prosecutor’s Office, or his case will continue to trial.

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