In a tearful hearing Monday, a Grand Forks man charged with driving under the influence and manslaughter in the death of his friend was ordered to serve 10 years in prison.
District Court Judge Debbie Kleven said Dustin Nelson, 29, deserved the longest possible sentence for manslaughter because of his lengthy prior record of criminal and traffic offenses.
By the count of Assistant State's Attorney Carmell Mattison, Nelson had previously been convicted of 25 misdemeanors and 12 felonies since 1997, including reckless driving and drunken driving offenses.
Mattison said the October 2007 crash that killed 21-year-old Kody Kalis was the culmination of Nelson's pattern of behavior.
"This crime was a tragic end result of a predictable path Mr. Nelson was on," she said.
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Mattison told the court that witnesses reported Nelson was driving 100 mph before the car struck a traffic signal post on the 1100 block of DeMers Ave. in Grand Forks. The crash occurred at 2:07 a.m., shortly after bars closed. Nelson had a 0.19 blood-alcohol level and marijuana in his system, she said.
Public Defender Daniel Borgen said Nelson has wanted to issue an apology to Kalis' family all along. But Borgen said he advised Nelson not to because of the ongoing legal action.
"Dustin has told me ... that he wishes he could trade places with Kody," Borgen said. "He's not sorry because he's in trouble; he's sorry for what he did."
When Kleven gave Nelson the chance to speak, he turned in his chair to face Kalis' family. His eyes red from crying and his hands bound by shackles, he apologized, telling them he misses Kody and wishes there was a way to bring him back.
"It's a bad situation for everybody," he said. "I can't blame you guys for hating me -- I hate me, too."
Nelson said the crash and its outcome haunt him.
"I think about it every day," he said. "There ain't a day that I won't think about it."
Nelson, who pleaded guilty to the charges in August, was credited for the time he's served since the crash. He was given the maximum sentence on the driving under the influence charge: 30 days to be served concurrently with the manslaughter sentence. On top of the 10-year penalty, he must serve six months for violating the terms of his probation on prior convictions.
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Ingersoll reports on crime and courts. Reach him at (701) 780-1269; (800) 477-6572, ext. 269; or send e-mail to aingersoll@gfherald.com .
