Man sentenced to jail for invading deceased man’s home.

November 15, 2016
Grayson Milton with his attorney, Blaine Bowne.

Grayson Milton with his attorney, Blaine Bowne.

Man sentenced to jail for invading deceased man’s home.

#MasonCountyNews #CourtNews

By Allison Scarbrough. Editor.

LUDINGTON — A 25-year-old Custer Township man who has the “mental capacities more indicative of a child” was sentenced to serve six months up front of a one-year discretionary jail term in 51st Circuit Court Tuesday, Nov. 15, for stealing coins from a deceased man’s home.

Grayson Kenneth Milton, of 1422 E. US 10, was arrested last July on felony charges of second-degree home invasion and larceny in a building. Milton suffers from Oppositional Defiant Disorder, his attorney Blaine Bowne said.

“The defendant broke into an elderly man’s home after he passed away,” said Mason County Prosecutor Paul Spaniola during a Nov. 1 sentencing hearing. The Nov. 1 hearing was continued until Tuesday, Nov. 15, so the prosecution and Judge Susan K. Sniegowski could review a community mental health report cited by Milton’s attorney Blaine Bowne during the earlier hearing.

Milton worked for the elderly man, Marvyn Kelsey, by performing odd jobs for him, said Spaniola. Milton stole coins from Kelsey’s house during the break-in, he said.

Kelsey’s sons, Tim and Scott Kelsey, appeared on their late father’s behalf, and Tim addressed the court.

“You stole from my dad three times that we know of,” he said. “He kept giving you a second chance.”

“Mr. Milton is a 25-year-old man with capacities more indicative of a child,” said Bowne. “He’s never truly been integrated into society.” The attorney described his client as being “ostracized” and “labeled.” The attorney cited the CMH report that states that he plays with matchbox toy cars. “That is the way Grayson has learned to live with it,” he said. Kelsey tried to help him and work with him, he said. “He’s someone from the outside looking in… “He lacks the capacity to understand the consequences of his actions.

“He lacks the capacity to assimilate into society,” Bowne said. “He’s a square peg trying to fit into a round hole.” He said that his client’s mental disorder normally afflicts children.

Milton’s Social Security benefits would be cut off if he was incarcerated more than 29 days, his attorney said, and his family is dependent on the payments.

Sniegowski ruled that Milton can serve his jail time in 25-day increments for a total of six months. He has credit for two days served in jail. The judge also ordered that he serve 18 months probation. She held restitution open for 90 days.

“It’s not fair that you’re getting a lighter sentence, because your parents are dependent on your Social Security,” Tim Kelsey said.

“You have two prior misdemeanors and a prior felony, so you are not new to the court,” Sniegowski said. “I understand you have some mental limitations, but you repeatedly took advantage of Mr. Kelsey.”

Spaniola said Milton was out on bond at time he committed the offense.

The plea agreement in the case called for one year in jail with six months up front. The sentencing guidelines are 7-23 months.

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