Woman gets odd sentence for fatal bike crash near DeWitt

ST. JOHNS - A woman whose car struck and killed a bicyclist last fall near DeWitt drew an unusual sentence Wednesday in Clinton County District Court.

Mitzi Nelson will serve two years of probation and at least 90 days in jail, but she will also have to speak to 20 driver's education classes about the dangers of distracted driving, perform 150 hours of community service and forgo owning or using a cell phone or other portable communications device during her time on probation.

Judge Stewart McDonald acknowledged that someone could challenge his authority to bar someone from using a cell phone but hopes the sentence will deter others from using one behind the wheel.

"I don't think she has a right to have a cell phone," he said. "I think it's a privilege."

Nelson, 23, pleaded no contest to a misdemeanor charge for her role in a crash that killed 35-year-old Jill Byelich in September. A no-contest plea is not a formal admission of guilt but is treated as a conviction at sentencing.

Police said Nelson was distracted by her cell phone when her car hit Byelich, a mother of two who worked as a grant adviser for the Michigan State Police, on West Howe Road near DeWitt on Sept. 2. Byelich was wearing a reflective vest and helmet and was riding on the right edge of the road.

It was Jordan Byelich, Jill's husband, who suggested the judge bar Nelson from owning and using a cell phone. But he told Nelson in court that he understands she is remorseful. He also hugged her before she was led away to jail.

"I thought the judge thought it through very well and looked at all the factors on both sides," he said after the hearing.

Nelson's attorney, Mike Nichols, said he was struck by Jordan Byelich's compassion.

"Jordan gave Mitzi a hug," Nichols said. "That's what it's all about."

McDonald gave Nelson six months in jail, with the final 90 days deferred depending on her progress. Nelson will have to serve the first 30 days of her jail sentence immediately and another 30 days next spring. The rest of the 90 days will be served over four holiday periods. The judge said he would consider her request for work release at a later time.

He also ordered that she pay more than $15,600 in restitution and $1,500 in fines, fees and costs. The state in May suspended her driver's license for a year.

McDonald recommended that Nelson consider speaking to school assemblies about what happened to her as part of her community service.

"If you do that, then maybe that message of deterrence will most emphatically get through," he said.

Nichols said he doesn't expect to challenge the judge's order that Nelson can't own or use a cell phone or other portable communication device for the term of her probation.

"Mitzi may be just fine with that," he said.