Ironwood man gets 11 years for drug, gun charges

By RICHARD JENKINS

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Bessemer - An Ironwood man, who was found guilty on six drug and gun charges in December, was sentenced to a total of 11 years in prison Tuesday in Gogebic County Circuit Court.

Donovan Howard Payeur, 32, was sentenced to between nine and 30 years for the charges of possession of methamphetamine with intent to deliver and conspiracy to possess meth with intent to deliver.

The maximum sentences were increased from the standard 20 years due to a habitual offender designation.

He received 516 days credit for time already served in jail.

Gogebic County Circuit Judge Michael Pope also sentenced Payeur to the two years mandated by law for the charge of felony firearm. According to Pope, the law stipulates Payeur doesn't get credit for time served and this sentence must be completed before beginning the sentence for the other charges.

Pope also sentenced Payeur to four to 7.5 years in prison for possession of a firearm by a felon and possession of ammunition by a felon. These two sentences will be served concurrently to the two meth charges, meaning they don't extend Payeur's sentence further.

Payeur was also sentenced to 180 days, with credit for time served, for the misdemeanor charge of possession of marijuana.

Prior to delivering his sentence, Pope reviewed Payeur's criminal record and made note that he graduated high school, obtained a welding certificate and maintained steady employment.

"You had all the tools available to you to make the right decisions in life, and you chose not to make the right decision," Pope said. "You chose to come to Gogebic County and possess with the intent to deliver methamphetamine."

The charges stem from a Sept. 24, 2015 incident at the East Coolidge, Ironwood, house Payeur was living in.

Ironwood Public Safety Department officers originally responded to a noise complaint at the house in the early morning hours of Sept. 24, according to testimony presented in the case, but left after no one would open the door without a warrant. After leaving the scene of the noise complaint, officers talked to two people having car trouble at a nearby gas station who were at the house earlier and said drugs and a gun were present. The IPSD used this information to obtain a search warrant for the house, which resulted in the discovery of a TEC-9 handgun and drugs - including approximately 15 grams of crystal meth.

At the time the search warrant on the house was executed, local law enforcement officers also conducted a nearby traffic stop on a vehicle Payeur was driving. Ammunition and marijuana were among the items discovered during the stop.

Payeur was one of four co-defendants charged in the case. The other three - Kristina Payeur, Ryan Reinhard and James Engles - all took plea agreements and have previously been sentenced.

Kristina Payeur was sentenced to six months jail and two years probation for possession of meth, Reinhard was sentenced to 246 days in jail and two years probation for possession of ammunition as a felon and Engles to nine months jail and one year of probation for possession of meth.

Prior to the sentencing; Chief Assistant Prosecutor Tracie Wittla said while she expected Payeur to plead for leniency, his actions didn't indicate he deserved it.

"There are defendants who can make effective claims for leniency, but I don't believe Mr. Payeur is in that category," Wittla said. "He had a prior chance at rehabilitation in the state of Wisconsin and he's in constant denial of his level of involvement in drugs in this county and this state."

Wittla brought up his past criminal history; arguing while he hasn't had any convictions as serious as the charges he was being sentenced on, that didn't diminish that he intentionally moved to Ironwood to become involved in the local drug scene.

"The fact is he moved to this county to sell methamphetamine because we're a target-rich population," she said. "There are many people who use methamphetamine, it's a poison."

Wittla also attacked the idea that leniency was appropriate so he could be present in his kids' lives.

"When he was their caregiver, he made terrible decisions on their behalf," she said, arguing he moved them into a house where drugs and a gun were present.

She asked for 10 years on the drug charges and two years on the gun charge, which fell in what Wittla said were the Michigan Department of Corrections' sentence recommendation of a total minimum sentence between nine and 17 years.

Payeur's attorney, Mark McDonald, focused on Payeur's addiction; saying it began with pills and only recently moved to meth.

"Addiction is a disease, a disease beyond one's control," McDonald said.

He also continued to dispute the idea Payeur moved to the area to deal drugs, arguing he was simply an addict and wasn't here long enough to develop the contacts needed to be a dealer.

McDonald talked about the importance of rehabilitating criminals into functioning members of society.

"Isn't that the ultimate goal? To change the criminal lifestyle, to bring that individual to a law-abiding person," McDonald asked. "... Punishment alone is not going to rehabilitate Donovan."

An emotional Payeur also asked Pope to give him a second chance.

"I'm asking you, I'm begging you, please give me the chance to get some help and prove to everybody this isn't who I am," he said through tears.

He said he felt his drug abuse was linked to being depressed and he wanted to turn his life around for his sons.

"I want to see my children grow into young men, I want to be there for them," he said. "(I want) to be the father they need and deserve."