Supreme Court orders restitution hearing for man convicted in Ingham County deputy's death
Ken PalmerLANSING - A man convicted on charges stemming from the death of an Ingham County Sheriff's deputy during a high-speed chase in 2014 is headed back to court for a hearing about how much he owes in restitution.
In a March 20 order, the State Supreme Court said John Kelsey is entitled to a restitution hearing but declined to hear his appeal on other issues.
Kelsey was convicted of first-degree fleeing and eluding causing death and driving with a suspended license after Deputy Grant Whitaker was killed in a crash near Stockbridge on Dec. 7, 2014.
In July 2015, he was sentenced to 20 to 45 years in prison and ordered to pay nearly $41,800 in restitution to the sheriff's office for a new patrol vehicle and nearly $10,000 in restitution to Whitaker's family.
A state Court of Appeals panel affirmed Kelsey's convictions in April 2018. The panel noted that the trial judge indicated the restitution order was subject to review in a separate hearing. But Kelsey failed to pursue a hearing, thereby waiving his right to appeal the issue, the judges said.
The Supreme Court reversed the appeals court on that issue, saying Kelsey made a timely request for a restitution hearing and is entitled to one.
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Authorities said Kelsey had been drinking in a bar before driving past Whitaker and another deputy in a white SUV, prompting them to give chase. Whitaker, 25, died when his patrol car went off the road and crashed.
The white SUV was never recovered, and prosecutors relied on mostly circumstantial evidence in proving Kelsey was behind the wheel of the SUV.
Kelsey's sentence was enhanced because he had multiple prior convictions for driving on a suspended or revoked license.
Contact Ken Palmer at (517) 377-1032 or kpalmer@lsj.com. Follow him on Twitter @KBPalm_lsj.