Parolee sent back to prison for tether tampering.

August 28, 2017

Kenneth Thomas with his attorney, Timothy Hayes.

Parolee sent back to prison for tether tampering.

#OceanaCountyCourtNews

By Allison Scarbrough. Editor.

HART — A 36-year-old Hesperia man who was on parole for a 2014 breaking and entering conviction when he tampered with his electronic monitoring device, or tether, was ordered to go back to prison Monday, Aug. 28 in 27th Circuit Court.

Kenneth Alan Thomas, of 7990 White Road, asked Judge Robert D. Springstead that he serve his time in jail as opposed to prison. Springstead denied the request, ordering that he serve a minimum of one year and one day in prison to a maximum of two years. The Michigan Department of Corrections (MDOC) recommended the sentence.

Thomas received zero credit for his jail time while awaiting sentencing, because he was on parole at the time of the offense. Thomas was convicted of the tether tampering charge two months ago.

“My client is treated better in terms of rehabilitation in the county jail as opposed to prison,” said Thomas’ attorney Timothy Hayes..

The MDOC will determine if there are any sanctions for his parole violation.

Thomas, who said he’s been in jail on “92 days dead time,” acknowledged that he was wrong. “It’s my fault,” he said. “I’ve grown more in the last 92 days than I did in the last 10 years. Prison time is easy. I just work out and then (eventually) come home.”

“I will accept and respect whatever you decide today,” Thomas said to Springstead.

“We go back a long time,” said Springstead. “I like you — you’re a nice guy. But you need to stay off drugs.”

Springstead said Thomas has been in prison four times, but has never successfully completed parole. He is convicted of six felonies and eight misdemeanors, the judge said.

According to the Offender Tracking Information System (OTIS), Thomas served one to five years in 2014 for breaking and entering to a vehicle; one year and three months to 20 years for malicious destruction of utility property in 2012; 11 months to 20 years for methamphetamine possession in 2010; two to 15 years for breaking and entering with intent in 2002; and three to 15 years for second-degree home invasion in 2002.

The judge said he had no alternative but to send Thomas to prison “based on your record and what you did. It’s unfortunate, but I have to send you back to prison. I hope you can take the advantages available to you when you’re out on a parole, and continue to change your life. Good luck to you, Kenny. I hope you make it this time.”

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