Kelly Duke sentenced to 30 years in prison
MILWAUKEE (WITI) -- A Milwaukee County judge sentenced Kelly Duke to 30 years in prison on Friday, January 11th. Duke was accused of driving drunk and causing a crash that killed Ed and Jean Thaves of New Berlin on New Year’s Day 2012.
"Mister Duke you have harmed and ruined the lives of many of the people in this courtroom," said Judge David Borowski, before sentencing Duke. "You are solely responsible for the death of two people.
Duke pleaded no contest in October to two felony counts of homicide by intoxicated use of a vehicle. He also pleaded no contest to hit-and-run involving death and operating while suspended.
"I can't believe that somebody actually killed somebody and never looked back," said Lyann Buena Franco, Thaves daughter. "I don't believe you're truly sorry I believe that you're sorry you're going to jail you're not sorry for what you did, you're sorry you got caught."
Duke got emotional in court and grabbed a tissue, while his family pleaded for lenience.
"For the rest of my life I will always feel saddened ashamed and disappointed for what I have done," said Duke. "I was young and stupid and this was a horrible action, I wished it never happened."
"There is no amount of time that Kelly Duke can spend in jail that would bring back Ed and Jean," said Edwin Thaves, the son of Ed Thaves. "Everyone knows the difference between right and wrong everyone knows that when you drink you don't drive."
The criminal complaint says an officer responded to the scene near 27th and St. Paul and observed the Thaves’ silver Nissan with its roof torn off, and significant damage. The Thaves’ were pronounced dead at the scene.
The officer responding to the scene talked with an adult citizen witness who said he was coming home from work, and was behind the Thaves’ silver Nissan, and they were stopped at a red light at the intersection of 27th and St. Paul.
The witness indicated he observed the maroon Chevy vehicle traveling at a high rate of speed lose control at the intersection, and become airborne. The witness said the maroon vehicle tore the roof off the silver Nissan. The witness said he then ran to the silver car, and observed two people inside, and shortly thereafter, saw the driver of the maroon Chevy vehicle jump out the driver’s side window. The witness said he approached the driver to see if he was okay, but the driver ran away toward Wisconsin Avenue.
The complaint says an officer at the scene spoke with a man claiming to be Duke’s brother. That man told the officer he had just received a call from his mother, saying Duke had taken the maroon Chevy, which belonged to his aunt, without their permission. The man said he came upon the accident because he was looking for the car his brother had stolen, and his brother.
Duke’s brother later called officials and reported Duke’s whereabouts, leading to his arrest at a home on S. 35th Street. Officials say when they arrested Duke, he had thick, slow speech and an odor of alcohol on his breath. The complaint says he also had several fresh lacerations and other injuries, and was transported to the hospital.
The complaint goes on to say when questioned by police, Duke said he couldn’t remember if he had permission to take the vehicle, but he believed he did. Duke said he took the car and went to his grandmother’s house, where he began drinking. He said he doesn’t remember how much he was drinking, and said he remembers being in a car accident, but doesn’t remember what happened.
Duke said when the accident occurred, he was on his way to visit his girlfriend, who works at Potawatomi Bingo Casino, which is where the Thaves were leaving from, about to get on the freeway to head back to their New Berlin home early New Year’s Day.
The complaint says a toxicology report indicated that three-and-a-half hours after the accident, Duke had a blood alcohol concentration of .183.
Duke’s driver’s license was suspended after multiple failures to pay forfeiture and for a juvenile alcohol violation back in January of 2011.
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