A Houghton County circuit court sentenced Dave Clayton Harvey Jr., 51, to the minimum recommended sentence of zero months in jail Monday, placing him on 18 months probation with a suspended eight-month sentence and 124 days credited as served.
Harvey was arrested in December 2025 on four charges related to possession and delivery of methamphetamine and maintaining a drug house. In June 2026, he agreed to plead guilty to two charges: possession of methamphetamine and maintaining a drug house.
Houghton County Prosecutor Dan Helmer advised the court to follow the pre-sentence recommendations.
“Under MCL 796.34, oddly enough the legislature has decided the 0-17, means zero,” Helmer said. “I don’t know why they would give the court guidelines on zero to seventeen months, then tie its hands and say there needs to be a presumption of zero. Despite that I do think the recommendation is appropriate, and do ask the court to follow it.”
Judge Brittaney Bulleit explained the legal framework governing the sentencing.
“A person who scores 0 to 17, 0 to 11 months, falls under what’s called an intermediate sanction,” Bulleit said. “That was discussed by both counsel. That means there’s a legal presumption that the court not sentence that person to incarceration and instead sentence that person to probation. So it’s a presumption that I would have to overcome to give you more jail time.”
Bulleit determined the court would stay within sentencing guidelines, sentencing Harvey to a suspended eight months in jail.
Harvey apologized to the court for the harm his actions caused the community.
“I screwed up,” Harvey said. “Please give me this opportunity to show you, and the community, I can change for the better. And be respectful, and a good citizen of this community.”
Judge Bulleit acknowledged that taking account for his actions would be Harvey’s first step toward addiction recovery. However, she noted the harm his past actions caused, including a 30-year criminal history.
“Further, receiving it through the mail puts a significant amount of people in danger,” Bulleit said. “All the people between Colorado and here who touched it, who could have accidentally opened it, nobody knew what was in that package. It’s incredibly dangerous, Mr. Harvey. And I hope you understand that. Because the prosecutor is giving you an opportunity here to show that your past is not going to be your future. But you have to take advantage of that opportunity.”
Harvey will serve 18 months on probation with the suspended eight-month jail sentence. He will also need to pay additional court fines.
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