41-A Court Comes to Utica High to Teach Students Tough Lessons

Utica High School students got to see first hand that breaking the law doesn’t pay -- in fact, it’s very costly -- when the came to the school Tuesday morning and sentenced five people during a live court session.

“Partying and drinking does come with consequences. It takes time out of school and work. And, all the money I made this summer went towards paying fines,” said 18-year-old Mariah Phillips, who plead guilty to a minor in possession in front of several hundred of students her age.

Judge Douglas Shepherd and the 41-A Court created the Judges United with Students and Teachers program (J.U.S.T) in conjunction with Utica Community Schools to educate students about the basic operations of the District Court System by bringing the court to the students so they can observe actual court cases.

Present in court were prosecutors, court-appointed attorneys, court reporters, a court officer and Macomb County Sheriff Anthony Wickersham, who ushered in a defendant bound in handcuffs from the Macomb County jail.

On Tuesday, students saw five young people sentenced for crimes that deal with issues most teenagers will encounter, from theft to crimes involving drugs and alcohol.

“These are actual court cases. It’s not fake. It’s not like on TV. This will give you a chance to see what happens as far as court process and sanctions,” said Shepherd to the students before the session began. He also asked the students to respect the seriousness of the proceedings and treat the defendants with respect.

Drinking and Driving

The first defendant was Mallory Parker, a 22-year-old Port Huron woman who was charged with operating while intoxicated after she was pulled over in Utica on July 15, 2011 and had been drinking. Prosecutors said Parker’s blood alcohol content was .11. The legal limit is .08. Parker admitted to having two tall bears at Coyote Joe’s before getting behind the wheel.

“This was very out of my character,” Parker told Shepherd before her sentence was delivered.

Parker pleaded guilty to a reduced charge of Operating while Visibly Impaired.

She was ordered to pay a $750 fine, one-year non-reporting probation, community service work and has to complete a criminal education program. She was also sentenced to spend one day in jail, but credited for the day she spent in jail when she was arrested.

For participating in the program, all of the defendants ordered to do community service will be exempt.

After the sentencing, Shepherd told the auditorium filled with students that an average first drunken driving offense will cost a defendant between $5,000 and $8,000 in court costs, fines and fees.

Reckless Driving

Andrew Evanko, 22, who was originally charged with reckless driving in Macomb Township, pleaded responsible to a reduced charge of careless driving.

He was sentenced to a $300 fine and ordered to attend a driver improvement course.  Evanko already had two points on his driving record from a previous incident.

“Your record hasn’t been that good. You really have to grow up and change your driving habits,” Shepherd told Evanko.

Minor in Possession of Alcohol

Phillips was the third defendant to be sentenced. Her attorney, Joseph Toia, told the court she had been at party in Shelby Township on Aug. 6, 2011 when the police were called for a disturbance and gave her a ticket for drinking under age.

“It might be fun partying and drinking but it’s not fun getting caught,” said Phillips.

Before the sentencing, Toia told Shepherd that Philips recently lost her mother and is her older sister’s custody.

Phillips sister, Rebecca Phacz, told Patch the experience has made Phillips a more responsible teen because she had to pay for all her own court fees.

“She has completely changed her life around and she’s even doing better in school,” Phacz said.

Phillips was ordered to participate in the Holmes Youthful Training Act, which is a probationary program designed for young adults 20 years or younger. Phillips will be placed on probation, and can have the matter dismissed from her record in one year if she complies with the terms of her probation, which includes twice monthly drug and alcohol testing.

Retail Theft

Jason Hobert, 27, pleaded guilty to third-degree retail fraud after prosecutors said he stole several pairs of jeans from Costco on July 16.

Holbert’s conviction will go on his permanent record and his sentencing will be referred for one year. At the end of the year, if he doesn’t get into any more trouble with the law, his conviction will be expunged.

“I just wanted to let everyone know that what I did was a stupid thing. I am getting lucky today. Having theft on my record would affect my chances of getting a job. I do have a degree in computer engineering and if this stayed on my record I wouldn’t be able to get a job,” said Holbert, a single father of two young boys.

Probation Violation

The final defendant, Katelin Anthony, was in handcuffs as a Macomb County Sheriff escorted her onto the stage.

Anthony has been serving a 30-day jail sentence in Macomb County Court for probation violation.

The 22-year-old originally pleaded guilty to obtaining false pretenses in connection with a credit card fraud and was placed on probation.  Shepherd said Anthony had paid all her original fines, but violated her probation when she was arrested twice, once in 2010 and again in 2011 for larceny.

Anthony’s attorney, Toia, told the court his client is a mother to two children and has a substance abuse problem and has completed substance abuse counseling.

“Because of my substance abuse problem I have been hanging with the wrong people,” Anthony told Shepherd.  “This is unacceptable. I have 2 children. This is my first time in jail this is not where I want to be.”

Shepherd sentenced Anthony to 30 days in jail, but credited her for the 30 days  already served. She was due to be released from jail Tuesday, and her probation will be supervised by the 41-A court in Sterling Heights since that’s where her two previous charges were based out of.

She was also ordered to continue intensive out patient substance abuse treatment.