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Niles motorcyclist led police on high speed chase

By NORMA LERNER / Vigilant/Argus
Thursday, September 11, 2008 1:14 PM EDT

CASSOPOLIS - A Niles man who sped up instead of stopping for police led a wild chase up to 120 miles per hour from Dowagiac to Niles with his girlfriend on the back of his motorcycle. No one was hurt, but the high-speed chase landed Bryan Powell of Niles a 180-day jail term.

Powell, 22, of 1518 Country Club, Niles, received the jail term Friday morning in Cass County Circuit Court from Judge Michael Dodge.

According to Frank Machnik, chief assistant prosecutor, said there wasn't a count of the number of police officers involved in the chase who were put in danger. There were more than 10, and it was dark about 10:15 to 10:40 p.m., he said.

"This is one of the most dangerous types of crimes when it was so simple to avoid," Machnik said, adding Powell endangered police and others on the highway, in recommending 180 days in jail instead of 150.

Defense lawyer James Miller said Powell has the support of his family.

"I think he will get the message and will start realizing he is to contribute to his own well being." It was not alcohol or drug abuse but was his choice that made it wrong, Miller added. He has a good job at K & M in Cassopolis, he noted in asking for deferred jail time.

Powell apologized and said he does have a good job and wants to go to school to better his life.

Dodge recalled it was July 20 when police attempted to stop Powell on his motorcycle in Dowagiac for excessive speeding. He took off and went southbound on M-51. Police eventually blocked off the area by Pete's Patio restaurant where Powell lost control on the grass and then fled on foot. Dodge told him it was a poor decision to jeopardize his life and others.

"You could have both ended up dead. Police could have been hurt," he said in giving him the jail term plus two years of probation. Dodge did not object to work release. He is to pay $1,880 in costs and fines.

In other sentencings Friday:

€ Jonathan Towne, 32, of the Miami Correctional Facility, received 5-to-15 years for second-degree home invasion to a home on Runkle Road, Niles. On May 10, 2007. Towne made several attempts to break into the house and caused more than $9,000 worth of damage. He took $200 in cash.

A blood stain on broken glass was traced to Towne through a DNA sample. He is to pay $570 plus restitution of $9,145.

€ John Todd, 45, of 13237 Spence Road, Three Rivers, was sent to prison for 51 months to 25 years for maintaining a methamphetamine laboratory with a firearm involved, a concurrent 3-to-20 years for maintaining a meth lab and credit for time served of 66 days for possession of meth on July 2 on Wickett Road, Vandalia. His fines and costs were $690.

€ Kody Bigham, 17, of 124 W. First St., Lawton, received one year jail and two years probation for second-degree home invasion on July 14 to a home on Morton Street, Dowagiac. Bigham broke a window in the basement with a shovel to enter the house. He stole an electronic game, a Nikon camera and a watch. Dodge said prison was not appropriate for Bigham considering his age although the prosecutor recommended prison. "It's getting close," Dodge said. His costs and fines are $1,160 plus $7,337 restitution.

€ Noah Swett, 28, of 217 Sherwood St., Dowagiac, received 210 days jail and two years probation for breaking and entering a building with intent to commit larceny on June 26 at the St. Vincent DePaul building in Dowagiac. He is to pay $1,160 in fines and costs.

€ Corey Kovatch, 18, of 54905 Sunset St., Dowagiac, received 18 months probation after first serving 90 days on tether for second-offense possession of marijuana on June 17 on Lowe Street, Dowagiac. He is to pay $812 in fines and costs.

€ Robert Malcom, 43, of 1509 Cobblestone Circle, Mishawaka, Ind. received 60 days jail and 18 months probation for third-offense operating a motor vehicle while intoxicated on July 3. Malcom went into a ditch at U.S. 12 and Fir Road, Edwardsburg. He is to pay $1,245 plus a $720 probation fee. His blood alcohol tested at 0.22 percent, more than twice the legal limit.

€ Theodore Owen, 35, of 58110 M-62, Cassopolis, received 18 months probation for possession of meth on May 9 at his home. He is to pay $1,073 plus $360 probation fee.

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