GRAND RAPIDS, Mich. — A teen sent to prison for his role in several West Michigan gun store break ins had a year shaved from his sentence this week, despite an appeal by his attorney to have the sentence slashed even further.
“He was 16 when these crimes occurred,’’ defense attorney Jayne Carver said. “I can’t stress enough his prison record is impeccable.’’
Herbie Brewer III returned to Grand Rapids this week after the state Court of Appeals asked the sentencing judge to revisit the 6 to 10-year term handed down nearly two years ago.
Brewer said it was far too harsh. Kent County Circuit Court Judge Mark Trusock disagreed.
“This was an extremely heinous situation,’’ Trusock said at a re-sentencing hearing this week. “You broke into four different places that all were involved in the sales of guns.’’
He gave Brewer a new term of 5 to 10 years, which is still above the recommended guideline range. Those guidelines, Trusock said, do not take into account the impact Brewer's crimes had on the community.
Out of the 23 guns that were stolen, only 13 have been recovered.
“This is not acceptable behavior,’’ the judge said Thursday. “We do not want to establish in Kent County that anyone who wants can go get sledgehammers, break into places and steal guns.’’
Brewer said he has changed while in prison. “I’ve learned a lot,’’ he told the judge. “I learned from my mistakes and I take full responsibility for my actions.’’
Four businesses were hit over the span of eight days in September of 2017. They were Cabela’s in Grandville, Rylee’s Ace Hardware and Bachelder Master Gunmakers, both in Grand Rapids, and Barracks 616 in Cascade Township. Damage and property losses topped $51,000.
Although Brewer did not act alone, Trusock called him the leader. Brewer at the time was on probation for an armed robbery in which a gun was used, the judge noted.
Some of the stolen guns turned up along railroad tracks, in an alley and in a child’s backpack. They’ve been linked to random gunfire in city neighborhoods.
Brewer exchanged a stolen gun for a future tattoo. Others were sold in Muskegon; one was found during a drug house raid in Grand Haven, Trusock said.
“When you were apprehended, you had a handgun in your shorts,’’ the judge said.
The ripple effect stolen guns have had in western Michigan, Trusock said, is not covered in sentencing guidelines. For that reason, Trusock said he would again exceed recommended guidelines.
“What you had done and what you distributed has had a serious impact on this community,’’ he said.
Before Brewer left the courtroom, Trusock offered a final comment.
“Sir, you don’t change your ways, you’re either going to be dead or you’re going to spend the rest of your life in prison,’’ he said. “Good luck to you.’’
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