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Plymouth teen sentenced for cemetery mischief

January 27, 2011|By VIRGINIA RANSBOTTOM, Tribune Staff Writer

PLYMOUTH — To the families with loved ones buried at Oak Hill Cemetery, 19-year-old Gage Hix said he was extremely sorry for messing it up.

Hix, of Plymouth, pleaded guilty to a felony cemetery mischief charge, stemming from a vandalism on or near Sept. 26 that damaged 110 gravestones, 22 beyond repair.

The community was appalled that anyone could have such disregard for sacred ground, pitching in donations that amounted to a $5,000 reward for information leading to an arrest.

Hix was one of four arrested in the incident, along with Jonathon Tanner, 21, and two juveniles.

In a plea agreement deal today in Marshall County Superior Court I, Hix received a two-year suspended sentence with two to three years of reporting probation in which time he must pay restitution of $2,664 to the city of Plymouth, $8,500 to South Bend Monument Co., and serve 200 hours of community service.

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If the terms of probation are met and restitution paid, the felony charge will be dropped to a misdemeanor and no prison time served.

Hix, who has no prior record, said he is hoping to attend college.

In a victim impact statement, Mayor Mark Senter spoke on behalf of the community.

"This case has taken on a lot of notoriety since the cemetery is our ancestry and history," he said, asking Hix if he now understood what it was all about.

"Yeah," Hix answered nervously. "I regret it every single minute of my life."

As a former law enforcement officer, Senter agreed with the plea deal to suspend a two-year prison term, with 12 days in jail as appropriate time served.

"Hix cooperated throughout the proceedings and, to me, that means a lot for him to be the first to come forward," Senter said, "but I think he should get a probation period of four to five years."

Judge Robert Bowen said the maximum probation period for the charge was three years, of which Hix and his lawyer, John Hosinski, had no qualms.

Hosinski said if restitution is not paid by the end of two years, extending probation a third year would save his client from violating probation and being charged with a felony.

"This offense has impacted an entire community and impacted the families of the kids who did this bonehead act, causing them humiliation, strain and significant financial stress," Hosinski said. "It will be difficult to meet financially, as it should be.

"It was a costly mistake."

The judge said probation would be extended to a third year if, for any reason, Hix is close to the line on violating probation terms.

Bowen said it was unusual to adjust a plea, but all parties involved had no objection.

Senter shook Hix’s hand and wished him luck.

Jonathon Tanner was also in court Thursday for an attorney status hearing. His public defender withdrew in the best interest of hiring an attorney.

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