Battle Creek man arrested in Dowagiac crash faces jail – Leader Publications

CASSOPOLIS — CASSOPOLIS – A Battle Creek man on parole was also sentenced to prison Friday in Cass County District Court on charges related to a road rage incident earlier this year.

shepherd

David Jerry Shepard, 40, of Battle Creek, pleaded guilty to possession of meth, aggravated assault, resisting and obstructing police resulting in injury and fleeing from police – all as a repeat offender – and was sentenced to concurrent terms of 18 months to 20 years, 18 months to eight years and 18 months to four years. He must pay $3,252 in fines and costs.

The sentences will run concurrently and consecutively to any prison term he may have to serve for violating his probation from a 2020 conviction in Cass County for theft of property, firearms and drugs.

The incident occurred on April 7 outside of Dowagiac.

Defense attorney Robert Kardatzke said Shepard knew he had to get his drug use under control. Shepard apologized to the victims and police and said he was grateful no one was hurt.

Judge Mark Herman noted that Shepard was involved in an incident of driving aggression on Dutch Settlement Road that day, in which he forced two people off the road and their car overturned. He fled when police attempted to stop him and was eventually caught with drugs and other items.

“You have 29 felony convictions and were on probation when this occurred,” the judge said. “You were due to be released on probation in September 2023 and in October your meth test came back positive… The guidelines here call for prison time, I see no mitigating circumstances that would justify a different outcome.”

“You are lucky because without this settlement you would have faced a much longer prison sentence,” he added.

Two people were sentenced to suspended sentences for drug offenses.

Hurd

David Lynn Hurd Jr., 42, of South Bend pleaded guilty to possession of methamphetamine and eluding police as a repeat offender and was sentenced to three years probation, five days of time served, and $2,696 in fines and court costs.

The incident occurred on December 26, 2019, in Milton Township, south of Niles. Hurd fled from police to Indiana and eventually had an accident. Hurd spent three years in prison in Indiana after the incident. Kardatzke noted that Hurd has been sober for more than three years.

Jarosak

Justin James Jarosak, 42, of Shipshewana pleaded guilty to possession of methamphetamine and attempted resisting police and was sentenced to three years probation, 37 days credit for time served and $3,178 in fines and court costs.

The incident occurred on June 22, 2022, when Jarosak fled from Indiana to Michigan on his motorcycle at speeds of up to 140 mph. When police stopped him, they found meth on him.

Judge Herman told him he consistently made bad decisions. “You said you made a really bad decision and I couldn’t agree more,” he said. “You’re lucky you didn’t kill yourself or anyone else. If you had just stopped, you might have gotten a ticket or a warning. Every time people flee, it gets worse.”