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Impaired driver in crash gets 17 years

By Joe Gerrety, Journal and Courier

Donna McWhorter has a surviving son who she says is a methamphetamine addict. So she knows the cycle of drug abuse, arrest and renewed abuse that goes with drug addiction.

But she has no sympathy for the 23-year-old drug abuser who caused the death of her other son nearly two years ago when he was driving with meth and marijuana in his system.

"Nothing changes. They just keep using and they keep getting arrested, and we keep on crying," McWhorter said Wednesday in Tippecanoe Superior Court 1.

"I do not believe for a minute that he will stop using."

Minutes later, Trevor A. Calloway was sentenced to 17 years in prison for his guilty pleas to driving while intoxicated resulting in death.

According to court testimony, Calloway was high on meth and had marijuana metabolites in his system the morning of Feb. 6, 2002, when he caused a head-on crash on Indiana 25 North.

The crash took the life of David E. Robinson, 32, of Flora, the father of three school-age boys; and Calloway's passenger, William "David" Gustafson, 18, of Colburn.

Gustafson's stepfather, William Schnepp, said he and his wife had hoped Gustafson would outlive them so he would be around to care for Gustafson's younger brother, who is autistic.

Families of the two victims had different suggestions regarding Calloway's punishment.

McWhorter, Robinson's mother, urged Judge Don Johnson to give Calloway an aggravated prison sentence, calling him "an arrogant and cocky young man with no remorse for what he's done."

Robinson's sister, Tracy Myers, read a poem titled, What You Took Away That Day, describing her brother as her best friend who was helpful and left many fond memories.

She and other friends and family wore white T-shirts with photographs of Robinson standing beside the red Chevrolet S-10 pickup truck he was driving to work at Wabash National Corp. the morning he was killed.

But Schnepp said sending Calloway to prison would do nothing to ensure that his son's friend would not re-offend.

"We need to find a way to help Trevor overcome the problems that have put Trevor in this position," Schnepp said. "I think Trevor does care. I really do."

Calloway, a former union ironworker, did not testify at the hearing.

Chief deputy prosecutor John Meyers noted that Calloway has a long history of substance abuse, including prior convictions for possession of marijuana and misdemeanor operating while intoxicated.

The prior OWI conviction made his current offense -- OWI resulting in death -- a Class B felony, allowing for a maximum penalty of 20 years in prison.

Calloway's sentencing hearing was delayed by a half-hour because Calloway had difficulty producing a urine sample that Johnson demanded for a drug screen. Eventually, Calloway tested positive for marijuana, indicating he has used the drug recently.

"It's hard to find mitigators," Johnson said.

He sentenced Calloway to 17 years in prison, a year on house arrest and two additional years on probation. With maximum time off for good behavior, Calloway could be released from prison in about 81/2 years.

He also ordered Calloway to pay more than $20,000 in restitution to the families of the victims.

 
Home ] Judge says sobriety checkpoint fair ] Boy hurt critically in crash ] Recovery will be lengthy ] Murphy OWI case to be appealed ] Future of hotel partner, sobriety ] Clinton Co. deputy faces OWI charge ] Dad pleads guilty in fatal crash ] [ Impaired driver in crash gets 17 years ] Teenager linked to fatal crash ] Testimony heard ] Woman killed, husband critically hurt ]
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Last modified: March 22, 2004