NILES — A contractor was sentenced to probation Monday in Berrien County Trial Court after not completing a renovation job he was paid for.
Robert Stephen Jernigan, 69, of Niles, pleaded guilty to larceny by conversion $1,000 to $20,000 and was sentenced to two years probation, credit for two days served, $258 in fines and costs and $11,100 in restitution.
The incident occurred June 12, 2023 in Bertrand Township.
Defense attorney Daniel French noted that Jernigan had serious health problems including lung cancer that kept him from finishing the job.
“He took the contracting job and he anticipated completing it before he got sick,” French said. “He admits he took the money, he’s very sorry for his actions.”
“I’m sorry for what happened, I didn’t plan for it to happen,” Jernigan said. “Hopefully I will be able to get back to work. I’m on a fixed income and I don’t have enough to cover what is owed. I’m trying to get well so I can get back to work.”
“I empathize that you have issues to overcome but she’s out a lot of money,” said Judge Gordon Hosbein. “You didn’t do the work and didn’t give back the money. I have to be sympathetic to the victim.”
Hosbein agreed with French that requiring Jernigan to pay restitution as part of his probation could be a “recipe for a disaster” and a probation violation but said it could also be a motivator for Jernigan to pay the money back.
“Too often we lose track of the victim who is out a lot of money,” he added.
Jernigan was ordered to pay $100 a month in restitution for a few months until he can go back to work and earn more money so that the restitution can be paid off in two years.
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