2017-04-27 / Courts

13th Circuit Court

Chief Judge, Thomas G. Power
Judge, Philip E. Rodgers, Jr.

A 30-year-old Traverse City man has been sentenced to 12 months in jail with credit for 266 days served on charges of breaking and entering and attempted assault with intent to do great bodily harm less than murder.

Robert S. Weaver II was sentenced in 13th Circuit Court on Monday and is currently serving his time in the Leelanau County Jail. The sentences are being served concurrently.

Both charges are felonies punishable by up to 10 years in prison.

The charges stemmed from a June incident in Leelanau Township when Weaver went into his parents’ home and threatened to kill his father, struck him several times, and took a phone from his mother when she tried to call for help, according to court reports.

Weaver had originally been charged with four felonies, including first degree home invasion, a 20-year felony; malicious damage of property, $1,000 to $20,000; and interfering with electronic communications.

Charges of possession of child sexually abusive material and using a computer to commit a crime were also dismissed, reports said. Child porn was allegedly found when police analyzed Weaver’s phone that was seized after that incident, reports said.

Weaver will also serve 36 months of probation after he is released and will pay $866 in fines and costs.

In other Circuit Court news:

• Mark D. Nalewyko, 56, of 9025 Strang Road in Elmwood Township, pleaded guilty to drunken driving, third offense.

A charge of driving on a suspended license, second offense, was dismissed.

The charge stems from a Feb. 28 incident in which Nalewyko was found in his vehicle in a ditch on Cherrybend and Strang roads, according to court records.

Nalewyko had a PBT of .22, followed by breathalyzer samples of .19 percent and .18 percent, reports said.

Nalewyko was convicted of driving under the influence in 1992 in 70th District Court in Saginaw, and of operating while intoxicated, third offense, in 2012 in Leland.

A presentence investigation has been ordered for Nalewyko, with his sentencing set for June 12.

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