Bay City Man Accepts Plea Bargain
Eric G. Waroff, a 20-year-old man from Bay City, MI, was recently facing a felony charge for pointing an Airsoft pellet gun at a fellow motorist. The other driver, Aaron J. Delooze, who was driving with his wife and son, thought the gun was a real one and reported the incident to police.
Initially, Waroff was charged with one count of assault with a dangerous weapon, which is a felony punishable by up to 4 years in prison and potential fines of $2,000. However, on June 12th, Waroff appeared in the Bay County Court for his preliminary examination, where he accepted a plea offer from the prosecution, and pled no contest to a charge of assault.
Under Michigan law, an assault charge is a misdemeanor punishable by up to 93 days in jail and a possible fine of up to $500, or both.
In exchange for his plea, the prosecution agreed to drop the felony charges against him. Waroff is scheduled for sentencing at 9 am on July 16th. Court records indicate that Bay County District Judge Dawn A. Klida is likely to give him a delayed sentence.
In Michigan, after a defendant has pled guilty to a crime, a judge may delay sentencing if the defendant can prove that:
- they are not likely to commit the crime again, and
- the public good doesn’t require immediate sentencing
A delayed sentence allows a judge to postpone a sentencing for up to one year, during which time the defendant must prove that they deserve a lesser sentence, for example: probation instead of jail time. There are usually certain terms and requirements that must be fulfilled during this period also, like abstaining from alcohol and paying all of one’s fines. If the defendant were to violate the terms, the judge retains the right to deliver an immediate sentence.