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Man sentenced for ‘crime against civilization’

ROGERS CITY — Which is the greater wrong, committing a crime, or trying to hide that crime?

The sentencing for Marc Russell, a man who admitted to brandishing a weapon at a group of people on the front lawn of a Millersburg home, may have answered that question with a solid 23 months in prison.

Confronted while on his way home from work by a group of people who had been drinking and were antagonistic, Russell went into his home, returning with a weapon, his attorney told the 53rd Circuit Court in Rogers City on Monday.

Several witnesses said he was carrying a gun, although Russell maintains he was wielding a tire iron.

Arrested and charged with attempted assault, Russell, out on bond, tried to convince someone who had been at the scene to testify that they weren’t sure the weapon was a gun.

Russell, rearrested and charged with bribing a witness, later pleaded guilty with an agreement that his sentences for the two charges would be served consecutively.

But for that agreement, Judge Aaron Gauthier said, Russell would be serving back-to-back sentences.

In a civilized society, the judge told Russell, differences are not solved with weapons and assault, and they’re not solved “wild-west style,” through vigilante justice.

Crimes of perjury and witness or jury tampering “strike a blow at the heart of the justice system,” Gauthier said, “a blow against the rule of law, which itself is a crime against civilization.”

Before his sentencing, Russell said he regrets what happened to the victims and is trying to improve, including attending Alcoholics Anonymous meetings and Bible studies and being baptized while in jail.

“I don’t want to be known as this type of guy,” he said.

Russell was sentenced to 16 months to two years in prison for the attempted assault charge, and 23 months to 4 years for bribing a witness.

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A Petoskey attorney told the 53rd Circuit Court that a lack of resources in Presque Isle County is hurting his client.

Michael McGrath, of Onaway, admitted to possessing heroin in November. His attorney, Daniel Hartman, made a plea for leniency in sentencing because the county doesn’t offer a drug court, a non-incarceration sentencing option that would be available in many other northern Michigan counties.

McGrath, 54, kicked an alcohol problem in the past, and now he should be given help to fight his drug addiction, his attorney said.

McGrath had been a daily marijuana user to counteract the pain from a physical disability, but has discontinued its use, according to his attorney.

“His main problems are that he’s poor, he’s in pain, and he’s in a county that doesn’t have a drug court,” the attorney said.

Gauthier inquired whether the Swift and Sure program might be an option for McGrath.

Like a drug court, the Swift and Sure program allows a sentenced person to remain free while submitting to a strict probationary period. Swift and Sure participants can be convicted of a wide range of crimes, and their reporting requirements are more stringent than that of a drug court.

Failure to meet requirements results in a immediate appearance in front of a judge and the certainly of a short stay in jail.

Presque Isle County Prosecutor Ken Radzibon told the court he was opposed to McGrath’s inclusion in the Swift and Sure program.

The sentencing was adjourned to give time to the defense to learn more about the program, with a caution from the judge that the sentence could still end up being a year in jail.

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A victim of a drunken crime said the actions of a Rogers City man put a black scar on a charming community as the man was sentenced in the 53rd Circuit Court in Rogers City on Monday.

Andy Valentine, having pleaded no contest to breaking and entering charges, listened with his attorney as Dawn Simpson, of Rogers City, described the day in October when Valentine took items from the vehicle parked in her driveway, rooted through her garage, and left evidence that he had been on her back porch.

Valentine, 35, said he didn’t remember the incident, because he was intoxicated.

Rogers City is quaint, like something from her childhood, Simpson said — a place where people feel like they can leave their doors unlocked all day.

“He has taken that safety — that security that I felt — away,” she said. “When the word gets out, it will stop future people from coming, or staying.”

Valentine was sentenced to two years’ probation and one year in jail. In April, he will be released to join the Kalamazoo Probation Enhancement Program, a downstate residential program designed to break addiction habits and treat other major life issues.

If he completes the program successfully, Valentine will not have to serve the rest of his jail term.

Valentine’s court hearing Monday was the latest in many such appearances he’s made, the judge said

“You’re getting toward the end of the rope of leniency,” Gauthier said.

Julie Riddle can be reached at 989-358-5693, jriddle@thealpenanews.com or on Twitter @jriddleX.

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