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Ex-Harrisburg resident receives 75-month term

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Casey Kelley killed a friend in a drunken-driving crash in 2008

A former Harrisburg resident will spend more than six years in prison for killing a friend in a drunken-driving crash last July.

Linn County Circuit Court Judge Glen Baisinger sentenced Casey Douglas Kelley, 24, now of Newberg, on Friday to 75 months in prison and three years of post-prison supervision for the one-vehicle rollover that killed Rustan James Johnston, 23, of Marcola. Kelley also will lose his driving privileges for eight years.

Earlier this month, Kelley pleaded no contest to charges of second-degree manslaughter and driving under the influence of intoxicants. Second-degree manslaughter is a Measure 11 offense that carries a mandatory minimum sentence with no option for early release.

Kelley was headed down Priceboro Drive near Sommerville Loop the night of July 3, 2008, driving a 2004 pickup with Johnston as a passenger. The pickup left the road at an S-curve and rolled several times in a grass field. Johnston, who was not wearing a seatbelt, was ejected and died at the scene.

Prosecuting attorney Doug Marteeny said Kelley had been drinking that night and admitted to exceeding 100 mph at times prior to the crash. His blood alcohol level was 0.16 percent.

Kelley had no prior criminal convictions but had been cited three months prior for driving over 100 mph, Marteeny said. Kelley's grandfather, Earl Kelley of Florence, said outside the courtroom he blames the state of Oregon for the crash for allowing Kelley to have his license back following that citation.

Johnston's mother and stepfather, Tina Johnston and Brian Newman of Marcola, and father Kevin Johnston of Eugene spoke at Friday's sentencing.

Johnston would have turned 24 on Saturday, his mother said, and the family still intends to hold a gathering in his memory. She said she forgives Kelley and is choosing not to be angry at him.

"That won't bring Rustan back," she said.

Newman echoed his wife, although he said he still had many questions about the wreck. He encouraged Kelley to use his time in prison to help someone else.

But Kevin Johnston said Kelley should be ashamed of his actions and said he had no forgiveness for him.

"I know you and Rustan were friends. I know you didn't do this on purpose," he said. "But you've taken my son away from me because of your selfishness. I really don't care what happens to you the rest of your life."

Invited to make a statement following the family's words, Kelley stood up, but then shook his head and sobbed quietly.

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