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."