Pubdate: Mon,  9 Sep 2002
Source: Journal and Courier (IN)
Copyright: 2002 Federated Publications, Inc
Contact: http://www.lafayettejc.com/letters.shtml
Website: http://www.jconline.com/
Details: http://www.mapinc.org/media/1691
Author: Joe Gerrety, Journal and Courier
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)

DRIVER IN FATAL GETS 6 YEARS

CRAWFORDSVILLE -- Joshua P. Kelsey was a poly-substance addict who had let 
drugs take control of his life when 14 months ago he caused a fatal 
automobile crash that killed his younger brother and one of his closest 
friends.

Kelsey, now 19, was driving a minivan on U.S. 136 in eastern Montgomery 
County with Justin M. Kelsey, 16, and Kaleb C. Wharff, 18, as passengers 
when he was distracted and veered off the road. He lost control, hit a 
culvert and the van landed on its side, ejecting the two passengers.

A urine test indicated that the marijuana and cocaine Joshua Kelsey had 
used the night before was still in his system at the time of the crash.

But at a sentencing hearing Friday in Montgomery Circuit Court, loved ones 
told Judge Thomas Milligan that Kelsey has changed during a nine-month stay 
in the county jail.

They urged Milligan to sentence the Southmont High School graduate to 
probation and allow him to enter a long-term residential drug treatment 
program in Michigan.

Milligan, saying time will tell whether Kelsey truly wants to change, 
ordered him to serve a six-year prison sentence before beginning the 
treatment program. He'll have an additional six years on probation to make 
financial restitution to the Wharff family and to deal with his addictions.

Three years of the sentence were for driving with a controlled substance in 
his system, causing the death of Kaleb Wharff. Three years were for an 
unrelated battery resulting in serious bodily injury that happened later. 
Kelsey could have faced up to eight years in prison under a plea agreement.

On July 27, 2001, the day of the 6:24 p.m. wreck, Kelsey said he had gone 
to his construction job and hadn't used any drugs. But at the time of the 
wreck, Kelsey said, the trio was headed to Indianapolis to buy drugs. One 
of the passengers was rolling a joint when the wreck occurred.

Wharff died that night in Methodist Hospital in Indianapolis. Justin Kelsey 
was removed from life support two days later.

Wharff's mother, Phoebe Byers, and several other family members who 
attended the sentencing hearing, wore white T-shirts bearing a photo of 
Wharff and the words, "In loving memory of Kaleb."

Byers said she has watched for signs of remorse from Joshua Kelsey but has 
seen none. She said a prison sentence was warranted.

"I thank God no one else was on the road and in the path of Josh," she said.

Her ex-husband, Kaleb's father Michael Wharff, sobbed so that he could 
barely speak when he took the witness stand. He had no sentencing 
recommendation.

"That's up to the court," he said. "I can't judge him. I'm not going to 
judge him."

After the fatal crash, Kelsey said he posted bond, moved out of his 
parents' home and continued to use drugs. On Oct. 5, he had a verbal 
confrontation with a 16-year-old in Crawfordsville that ended in Kelsey 
punching the boy in the face, breaking his nose.

After that, his parents placed him in a psychiatric hospital, but he 
refused to cooperate in treatment. In December, he turned himself in to the 
Montgomery County Jail.

His mother, Ronetta Kelsey, said incarceration likely saved her son's life, 
because he had been in a self-destructive freefall. She pointed to about 25 
friends and family members who attended the sentencing hearing as proof 
that Joshua has the support he needs to recover.

Kathy Lichtenwalter Ramirez, a family friend and drug abuse counselor who 
has counseled Kelsey in jail, said the separation from drugs has helped 
Kelsey's real personality emerge to the point where he now admits he needs 
help.

But she said the actual recovery process could take six years, even if he 
is admitted to a residential treatment facility immediately. Part of the 
reason Kelsey has not shown remorse, Ramirez said, is that he has yet to 
deal with the trauma and grief associated with the crash.

Kelsey told Milligan it might be easier to go to prison than to enter the 
treatment program, where he would be challenged to face his feelings and 
would feel the pressure to succeed from loved ones.

But his attorney, William Goebel, said sending Kelsey to prison would serve 
no productive purpose.

"What I'm asking the court to do is put the key to the prison in Josh's 
hands," Goebel said.

Milligan said he had to design a sentence that would impose discipline 
while at the same time affording Kelsey the opportunity to rehabilitate 
himself. Then he urged members of the community not to ignore the signs of 
substance abuse to help prevent such tragedies in the future.

"Everybody in the community has to work at prevention," Milligan said. "All 
of us have to work together to achieve prevention and intervention."
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