Brown gets 11 years

A Portland man will serve eight years in prison for drunk driving resulting in the death of an 18-year-old Bryant resident.

Michael L. Brown, 28, was sentenced in Jay Superior Court on Wednesday to 11 years — three of those years will be spent on probation — in Indiana Department of Correction for causing death while operating a vehicle with a blood alcohol content equivalent to 0.08% or more, a Level 4 felony. He pleaded guilty March 6 to the crime charge that stemmed from a June 4 incident that resulted in the death of 18-year-old Devon Drumm.

According to a probable cause affidavit filed in connection with the case, Brown was driving a 2012 Kia Forte on county road 700 South near State Line Road. He told police a car passed him, and dust from the stone road impaired his vision, causing him to drive off the road. The vehicle hit a tree on the passenger side and Brown ejected.

Brown told police when he woke up he ran to the car and started slapping Drumm, who was a passenger in his vehicle, in an attempt to wake him, the affidavit says. Brown then fled the scene on foot.

Alcoholic containers were located at the scene of the accident, and Brown smelled of alcohol, the affidavit says. A test showed he had a blood alcohol level of 0.088%.

Hiram Roberts — he lives near the location of the accident — discovered Drumm in the vehicle and called police about 5:44 p.m. June 4. Drumm, who graduated from Jay County High School hours prior to the crash, suffered a fatal head injury and was pronounced dead at the scene.

About 10 people sat on the public side of the courtroom Wednesday representing members of the Drumm and Brown families.

“Devon lost everything. His whole future,” said Tara Drumm, Devon’s mother.

The day he died, she added, her son hadn’t been drinking or “partying” but had been home with her before he joined Brown on a trip to Ohio.

“Devon was doing the right thing, he even had his seatbelt on,” she said. “It’s not fair that Devon was completely sober and going along for a ride with his buddy, and he lost his life.”

Jason Drumm, Devon’s father, pointed out his son and Brown were friends.

“Michael gets whatever punishment is coming to him on top of living with it for the rest of his life,” he said. “We’ve all made mistakes, and we’ve got to live with it.”

During his testimony, Brown mentioned he had apologized to Jason Drumm prior to Wednesday, and Jason Drumm said he has forgiven him.

“(Devon) was a friend to me,” said Brown. “We’d just tinker with stuff in my garage … I never meant for any of this to happen.”

Brown continued, saying Devon Drumm shouldn’t have died from the accident and that Brown himself shouldn’t be alive today. He publicly apologized in the courtroom to the Drumm family.

Chief public defender Brandon Murphy pointed out Brown suffers from illnesses including schizophrenia, autism, bipolar disorder and attention deficit hyperactivity disorder (ADHD). Brown told the court he was diagnosed at 14 years old and has been treated for his illnesses, and he confirmed the medication can impact his decision making.

Addressing his actions after the crime, Brown said he “wasn’t in the right state of mind” when he fled from the scene of the accident.

Brown voiced hopes to go home to his wife — she was present in the courtroom, along with his two uncles, his aunt and sister — and three children after he has served his time in prison.

“There’s nothing we can do to take back what happened with Michael Brown that day,” said Murphy, who asked for a six-year sentence with two years suspended.

Chief deputy prosecutor Zechariah Landers noted Brown’s criminal history, which he said includes the following convicted charges: two counts of driving with a suspended license, both Class A misdemeanors; resisting law enforcement, a Level 6 felony; two counts of theft, both Class A misdemeanors; possession of paraphernalia, a Class C misdemeanor; and possession of marijuana, a Class B misdemeanor. 

Landers also pointed out Brown left the scene without calling emergency services.

“He knows better,” said Landers, pushing for the maximum 12-year sentence with four years suspended. “None of (his criminal history) impacted his decision. He still (drank) and drove … he’s sorry now, now that he’s been caught … he caused the death of a kid, practically.”

Jay Superior Court Judge Gail Dues pointed out five of Brown’s charges have occurred in the last five to six years.

“Your criminal record appears is … increasing or repeating itself,” she said.

She took his mental illnesses into consideration regarding his sentence length and appreciated that he had apologized to the family. Dues recommended Indiana Bureau of Motor Vehicles suspend Brown’s license for five years, and she ordered Brown to submit to an evaluation within 30 days for substance abuse counseling.

Other charges in the case — a Level 3 felony for leaving the scene of an accident and a Level 5 felony for driving with a suspended license — were dismissed.