Nicholas Mastos, one of three codefendants in a home invasion that took place on South Constantine Street in Three Rivers in the early hours of July 19, has received his sentence. Last month, Mastos pled guilty to one count of first-degree home invasion as well as one count of attempted breaking and entering with intent to commit larceny, Mastos’ fourth such habitual offense. Habitual offenders can receive higher sentences for a guilty charge depending on the number of prior convictions..
Mastos pled guilty to the two charges in the St. Joseph County 45th Circuit Court on September 22. The breaking and entering charge was unrelated to the home invasion, but stemmed instead from a July 6 incident wherein Mastos was caught unsuccessfully attempting to break into a storage unit with a reciprocating saw. Acting Prosecutor at the time Joshua Robare offered Mastos a plea deal in which other charges against him were dismissed. Mastos must still pay restitution for those charges.
For the home invasion count, Mastos will serve a minimum of 15 years with the Michigan Department of Corrections, minus 96 days of credit for jail time he has already served. The maximum length of that sentence is 40 years. For the breaking and entering count, Mastos has received a minimum of 18 months and a maximum of 15 years in prison, minus 107 days of credit for jail time served. Mastos will serve the two sentences concurrently. In addition, he must pay a combined total of $8,253.84 in fines, fees, and restitution to the victims of both criminal counts.
The invasion incident was described in detail during earlier court appearances. In his September plea hearing, Mastos said he joined co-defendants Amber Carpenter and Alexander Zuchnik in approaching the home. The three codefendants first threatened two guests outside the house as they were leaving. Then, bearing a knife, Mastos joined Zuchnik in forcibly entering the house and threatening its owner before eventually leaving. Mastos said Zuchnik was armed with a “BB gun,” while testimony from the victims in previous hearings described Zuchnik’s weapon as a revolver.
In his plea hearing, Mastos said he did not know the occupants of the house, but that people at the house “used to yell at us walking down the street. I thought they had a problem with me.” In previous hearings, multiple victims testified that the defendants kept asking “who raped my homey?” while gesturing at Mastos.
The homeowner that Zuchnik held at gunpoint inside the house was present at Friday’s sentencing and said he had never spoken to or met the codefendants prior to the incident. “It just bothers me because I’ve never talked to them, never seen them, I didn’t know who they were,” he said. “They just came into the house looking for somebody that clearly wasn’t here.”
The homeowner said he and other victims who were present in the house have had to deal with the repercussions of the incident, as have their families. He and another victim were both affected in their employment situations in the aftermath of the invasion. His parents stayed at the house following the incident, and his father slept on the couch with a shotgun by his side.
In addition, the homeowner said he and several other victims or their parents have purchased home security systems and cameras, and one of the victims who was in the front yard as acquired a concealed carry permit. “We’ve done that. It bothered me. It does take away the sense of security to be at your own home when you’re just minding your own business and, just, your door gets kicked in by people that I’ve never met before, you know, never said a word to. It’s affected a lot of us, obviously everybody that was here, but not only my friends that were here, but my parents” and friends parents, the homeowner said.
Judge Paul Stutesman presided over Friday’s sentencing, which took place via Zoom. In addition to Mastos and Kuhbander, defense attorney David Marvin was also present, as was St. Joseph County Prosecutor John McDonough, who has returned to work following a long absence stemming from a drunk driving incident last spring.
“This was an extremely dangerous and terrifying situation that Mr. Mastos and his codefendants inflicted on (the homeowner) and the other people who were at the house that day, and it was for really no reason whatsoever,” McDonough said. “Mr. Mastos was under the influence of something, and the three of them decided they were going to break into an innocent person’s house and scare the heck out of them.”
Speaking for Mastos, Marvin said, “I know that my client has great regret for this, and I know that he has a desire to take responsibility. He also was cooperative, but from my very first encounter with him, he has said he wanted to take responsibility, and that’s what he has done. You honor, we ask that you sentence him at the low end of the guidelines.”
Mastos also spoke on his own behalf. “I’d like to have you know that I went to this man’s house, scared him,” Mastos said. “I’ve had an addiction for ten years, and I feel really bad for what I did and the people I hurt. Also, to my codefendants, I’d like to apologize to them, to my family, and I really do apologize for coming in that man’s house and scaring him and threatening him.”
Four of the victims present in the home during the invasion previously testified during preliminary hearings with the codefendants. At Friday’s sentencing, Stutesman said the victims all corroborated one another regarding what took place during the invasion. “What a nightmare, to be sleeping in your home, to find three people with weapons making a crazy accusation, only to then have Mr. Mastos indicate, ‘well, I thought it happened, but then again, I was high on all kinds of drugs,’ and the rest,” Stutesman said.
“Mr. Mastos has had a series of cases where attempts were made to avoid prison cases and continues to struggle and continues to abuse it,” Stutesman said. “He’s now made it so that he’s a danger to both himself and to the public at large. This type of behavior can’t be allowed.”
Dave Vago is a staff writer and columnist for Watershed Voice. A Philadelphia native with roots in Three Rivers, Vago is a planning consultant to history and community development organizations and is the former Executive Director of the Three Rivers DDA/Main Street program.
