COMMERCIAL-NEWS | ROBERT TOMLINSON
St. Joseph County Sheriff Mark Lillywhite pleaded guilty in Kalamazoo County District Court Monday to two misdemeanor charges connected to a drunk driving incident on February 26 in Schoolcraft Township.
By Robert Tomlinson
News Director
KALAMAZOO — St. Joseph County Sheriff Mark Lillywhite will not face jail time in relation to a February drunk driving crash.
On Monday morning, Lillywhite pleaded guilty in Kalamazoo County Eighth District Court before Judge Richard Santoni to one count each of operating while intoxicated and carrying a concealed weapon while under the influence, both misdemeanors.
He was sentenced to 12 months’ probation, over $1,000 in fines, and his concealed pistol license permit will be revoked.
Charges against Lillywhite were filed on April 6, in which he could’ve faced up to 93 days in jail. Michael Hills, Lillywhite’s attorney, told the court that Kalamazoo County prosecutors did not recommend jail time for his client in the case.
Lillywhite admitted in court Monday to being the driver in a crash Feb. 26 on southbound U.S. 131 between XY Avenue and West YZ Avenue in Schoolcraft Township that rear-ended another vehicle, sending both off the road in the process. The people in the other vehicle had minor injuries. Lillywhite’s blood alcohol content at the time, he said, was 0.25, more than three times the legal limit.
According to reports from Michigan State Police and the Kalamazoo County Sheriff’s Department, responding officers reportedly detected signs of intoxication when talking with Lillywhite at the time of the crash, including bloodshot eyes and slurred speech. In an interview later with police, a trooper said Lillywhite “refused to give any information pertaining to the crash,” and that Lillywhite denied being the driver in the crash.
“I then asked Lillywhite who was driving the vehicle he was in and he said, ‘I have no idea.’ He then explained the vehicle was owned by the county. I again asked who was driving the vehicle and Lillywhite stated, ‘To be honest with you, bad, bad, bad, but no, I don’t,’” the report from an MSP trooper stated.
Lillywhite also reportedly refused to participate in any standard field sobriety tests, since he claimed he wasn’t the driver, and also refused to consent to a breathalyzer test. He was then subsequently arrested and read his Miranda rights at 3:22 a.m. He was taken to Bronson Methodist Hospital for a consent blood draw, then to the Kalamazoo County Jail for lodging.
Crash data from the MSP report showed the Traverse, which was registered to the St. Joseph County Sheriff’s Department was going between 96 and 99 miles per hour in the five seconds prior to the crash, and that brakes were not being used. The passenger seat was also unoccupied prior to the crash, and witnesses said the vehicle’s headlights were not on at the time.
In a search of Lillywhite’s vehicle, police reportedly found a loaded pistol in the center console, and two other firearms in the trunk of the vehicle, which MSP noted was Lillywhite’s assigned duty vehicle.
Hills addressed the court prior to the sentencing Monday, saying his client has an “excellent work history” with “zero criminal history.” He said Lillywhite “started taking things seriously” within a week of the incident, getting professional help for his situation, and spent 30-33 days in intensive alcohol treatment.
“We all stumble, we all fall, I think it’s a question of what happens after we get back up, if we get back up,” Hills said. “My client has a ways to go, but he is intensively and actively pursuing his mental health for the benefit of himself and his family. My client is taking responsibility for this case at the earliest possible time, pleading guilty to all charges, and he wanted the broader community in southwest Michigan to see that.”
Hills also addressed the gun located in the center console of Lillywhite’s vehicle, explaining that the purpose for that weapon was due to “serious” death threats that his client has received in the last few years, including ones he said the FBI were involved in. He also noted Lillywhite was working a second job to alleviate pressure in his family, but did not note what that job was.
Lillywhite himself also addressed the court, apologizing for the incident.
“I’d like to say I’m sorry for those involved in the incident on that night, everyone that had to respond or anyone that was involved in that. I also want to say sorry to the citizens that I represent and the people that work at the St. Joseph County Sheriff’s Department; I let them down,” Lillywhite said. “I want everybody to know I was in a dark place prior to that incident, and I have taken aggressive steps to ensure this type of behavior will not be repeated.”
Following the hearing, Hills told reporters he recommended his client not retire or resign from being sheriff.
“He’s been a great sheriff for a long time, he’s been in law enforcement for 30 years. We all stumble, we all fall, and he’s accepted responsibility, done what it takes, and is going to continue to do what it takes to make himself better for your community,” Hills said.
In an email Monday, Kalamazoo County Prosecutor Jeff Getting said Lillywhite was not treated differently because of his position as sheriff, and that the outcome was consistent with similar cases in Kalamazoo County for a first offense misdemeanor defendant.
“The sentence imposed in this case reflects several considerations including the types of crimes committed, the defendants lack of any prior criminal history, and that he took action to address his drinking problem by going to an in-patient substance abuse treatment program,” Getting said. “The sentence given to Sheriff Lillywhite is consistent with the sentences given to other first offense misdemeanor defendants.”
“I am glad that he will be supervised for the next year in order to make sure that he continues to address his problem with alcohol,” Getting added.
Lillywhite’s probationary period will coincide with treatment, he will not be allowed to consume alcohol or be inside a bar, and will be subject to random drug and alcohol testing.
Robert Tomlinson can be reached at 279-7488 or robert@threeriversnews.com.
What a joke. Three times the legal limit and he gets a year probation. Is there no accountability? Shame on everyone involved including the prosecutor St. Joseph County commission who have uttered not a peep.