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Last updated on Friday, May 16, 2014
(BEDFORD) - A Springville man was sentenced to 8 years in prison for dealing drugs near the Bedford Middle School, but he won’t spend a day in prison.
20-year-old Andrew Kelly of Springville pleaded guilty to two counts of dealing in a schedule II controlled substance and resisting law enforcement.
Public defender Lorinda Youngcourt requested a lesser sentence for Kelley because he has a high school diploma, he is young, is taking Ivy Tech classes, works 56 hours a week, attends Narcotics Anonymous meetings two or three times a week and has no children.
Youngcourt also informed Judge Michael Robbins of Lawrence Superior Court I that Kelley has had no house arrest violations since Oct. 28 when he was released on his own recognizance, and his only criminal history includes a misdemeanor offense. Youngcourt recommended the sentences from the two cases run concurrently.
Chief Deputy Prosecutor Tim Sledd disagreed, saying during the altercation with police Kelley dislocated an officer's shoulder, causing the officer to be off duty until the injury healed.
Judge Robbins sentenced Kelley Wednesday morning to eight years with the Indiana Department of Corrections with four years suspended to probation and four years of electronic monitoring for dealing the controlled substance. His probation period includes two years of supervision, and two years unsupervised.
For resisting law enforcement, Kelley will serve one and a half years on house arrest, concurrent to the first case.
Kelley will also participate in ADAPT as part of the sentence.
Kelley was arrested on Sept. 19, 2013 after police were called to a home where Kelley was threatening to kill the whole family. When Lawrence County police arrived at the home Kelley was out of control because he was severely impaired.
Sheriff Sam Craig says that he had to use a taser to bring Kelley under control. He was taken to Bloomington for medical attention unrelated to the use of the taser.
He was charged with felony counts of resisting law enforcement; battery resulting in bodily injury and a misdemeanor charge of battery.
The Drug Task force then arrested Kelley on a felony warrant for dealing a Schedule II controlled substance within 1,000 feet of a school; dealing a Schedule I controlled substance within 1,000 feet of a school; two counts of possession of a controlled substance and two counts of maintaining a common nuisance.
All other charges were dismissed.
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