Woman who killed cyclist can't use cellphone for 2 years

Ken Palmer | Lansing (Mich.) State Journal

Show Caption Hide Caption Jordan Byelich speaks after Wednesday's sentencing Jordan Byelich, husband of Jill Byelich, speaks after Wednesday's sentencing of Mitzi Nelson.

ST. JOHNS, Mich. — A woman whose car struck and killed a bicyclist last fall will have to go without a cellphone for more than two years, a judge has ruled.

Mitzi Nelson, 23, of DeWitt, Mich. also will serve two years of probation and at least 90 days in jail, speak to 20 driver's education classes about the dangers of distracted driving and perform 150 hours of community service, said Judge Stewart McDonald of Clinton County District Court said Wednesday.

He acknowledged that someone could challenge his authority even use of a cellphone but hopes the sentence will deter others from using one behind the wheel.

"I don't think she has a right to have a cellphone," McDonald said. "I think it's a privilege."

Nelson pleaded no contest to a misdemeanor charge for her role in a Sept. 2 crash that killed Jill Byelich, 35, also of DeWitt. 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 ringing cellphone when her car hit Byelich, a mother of two who worked as a grant adviser for the Michigan State Police. Byelich was wearing a reflective vest and helmet and was riding on the right edge of the road.

Jordan Byelich, Jill's husband, suggested that the judge bar Nelson from owning and using a cellphone.

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," Jordan Byelich said after the hearing.

Nelson's lawyer, 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 later.

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

As part of her community service, McDonald recommended that Nelson speak to school assemblies about what happened.

"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 she can't own or use a cellphone or other portable communication device for the term of her probation.

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