By Liz Adkins
InkFreeNews
Kevin M. Kelley
WARSAW — After just over three hours of deliberation, a 12-person jury found Kevin M. Kelley, 66, Indianapolis, not guilty of reckless homicide in a 2020 Lake Wawasee boating accident.
An order of acquittal will be filed in the case.
The state’s final witness on Thursday, June 13, was Michael Wilson, who worked as chief deputy coroner at the time of the accident. Due to the call’s severity, Wilson said he worked with Deputy Coroners Tracy Wilson and Larry Ladd.
In his testimony, Wilson said Nathaniel C. Mroz’s cause of death was ruled accidental, with the manner being multiple traumatic injuries from a boat propeller strike.
A toxicology report for Mroz showed he had cannabinoids and THC in his system. No ethanol was present.
Following Wilson’s testimony, Chief Deputy Prosecuting Attorney Dan Hampton rested the state’s case.
Outside of the jury’s presence, Defense Attorney David Deal asked the court to consider a directed verdict, which is when a ruling is entered by the trial’s judge rather than the jury. He argued there was no presented evidence by the prosecution about Kelley’s driving behavior when Mroz was hit.
Deal said with the lack of evidence, it was appropriate for the case to not go to the jury.
Hampton argued there was sufficient evidence presented during the trial. Kosciusko Circuit Court Judge Michael Reed said there was some evidence in the record for the jury to weigh, and denied a directed verdict.
The defense began its case by calling Francis “Frankie” Spellman for testimony. Spellman said he knew Kelley through his wife and her family, and had been to the lake house many times prior to Aug. 8, 2020.
Spellman said he was first driving the pontoon when the group went out on Lake Wawasee to go tubing and that Kelley took over driving at some point. He could not recall why. Spellman also testified that there was no significant change in how he drove with the tubers versus Kelley, and did not notice anything unsafe about how Kelley drove the pontoon.
Spellman also agreed that if he had an issue with how Kelley drove, he would have told Kelley. He did tell Kelley when tubers fell into the water and testified that Kelley’s speed was slower picking up the tubers than what it was when they were actively tubing.
Spellman said he did not hear anyone say anything prior to Mroz being hit.
He also said the sun was creating a glare on the lake the day of the accident.
In cross-examination, Spellman said the sun’s glare didn’t give him concern about not being able to see someone in the water. He also said the pontoon was stopped or at an idle speed while tubers were being retrieved.
Christy Reed, a passenger on the boat at the time of the accident, said she was sitting on the boat’s front driver’s side.
She testified that Kelley’s driving did not cause her concern and did not notice anything out of the ordinary while tubers were being pulled.
Christy also said the boat’s speed did not feel excessive.
The defense’s third witness was Kelley’s wife, Christine Kelley. Christine said she and Kevin invited some of their children and their friends to the lake house the weekend of the accident.
She testified that Kevin had taught her son, Nathan Shuey, how to drive a boat. During the first tubing session on Aug. 8, 2020, with Shuey as the driver, Christine said they saw Shuey driving safely on the lake.
The only difference she noted between Spellman and Kevin driving the pontoon is Kevin knowing how to hit waves in the lake. She also agreed on never feeling like Kevin operated the boat in an unsafe manner and would have said something to Kevin if she felt he was.
Christine testified that Bret Boram, another boat passenger, was acting as a spotter for fallen tubers. She said that she, Spellman, or Christy would also call out as well.
When Mroz was hit by the pontoon, Christine said she began yelling instructions at everybody. This included telling Jake Gillay, another tuber, to swim over and bring Mroz to the boat. She also instructed Mike Reed, a boat passenger, to call 911.
Upon arriving at the lake house, Christine said she began asking people to move their vehicles so the ambulance could get as close as possible. She then went into a bedroom at the lake house and was later joined by Kevin.
At one point, Will Hedrick, one of Mroz’s friends, came up to the bedroom distraught and asked Kevin what he did.
Christine said she never saw Mroz in the water at all when the boat was traveling to retrieve the tubers.
The defense’s fourth witness was Mike Reed, who also testified about not noticing any difference between when Spellman drove the pontoon versus Kevin.
Mike said Kevin decelerated the boat while retrieving tubers and also did not see any of the tubers making hand signals or verbalizing for Kevin to slow down.
He also testified that he saw two tubers fall into the water and called 911 when the group discovered Mroz’s body. In cross-examination, Mike said it was fair to say it’s the boat driver’s responsibility to look toward the front of the boat.
Kelley did not testify.
In his final argument to the jury, Hampton emphasized the importance of applying common sense to their decision and determining the evidence’s value. He also asked those jurors who have boating and tubing experience to apply that to this case’s circumstances.
“Recklessness differs from an intentional act,” said Hampton. “With a reckless act, the actor doesn’t seek harm. Rather, he believes the harm will not occur. Kevin didn’t intend to kill Nate Mroz. However, Kevin acted with substantial disregard for the safety of Nate, in plain, conscious, and unjustifiable disregard. Nate was a great friend to several…a loving son, scholar, and an athlete. Our society has lost a very valuable person at the age of 20. We lost Nate because of the reckless act of Kevin.”
Deal said he and Defense Attorney Mary Zahn brought the truth to the jury, even though they aren’t required to bring anything. He also argued if the jury found Kevin was only negligent with his actions that he must be found not guilty.
“This case was closed,” said Deal. “This investigation wasn’t going anywhere. My client was clean and sober. Yet for some reason, here we are. I still don’t know why we’re here.”
He also noted Conservation Officer Jordan Boggs, the lead investigator in the case, did not have probable cause or reasonable suspicion to charge Kevin with anything the day of the accident.
“What evidence did the government give you?” asked Deal. “We’ve seen nothing. This forces you to speculate…and you are not allowed to do that. This case scares me because this could have been any one of us.”
Zahn asked the jury to remember how reasonable doubt arises when there is a lack of evidence.
“(The state) can’t point to one thing (Kevin) failed to do,” said Zahn. “There’s been no actual testimony about what exact speed Kevin was going. Inadvertence is negligence and if it’s negligence, you must find him not guilty.”
She further argued that if the jury was deciding the case based on evidence from the state, all of the boat’s occupants should be on trial.
“This was an accident, worse-case scenario, it was negligence,” said Zahn. “No one wanted this tragic ending to happen. But not every situation rises to the level of a civil case. Some cases just don’t result in a criminal case, and this should have been one of them.”