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Teen receives no jail time in South Bend hit-and-run

November 16, 2010|By ALICIA GALLEGOS, Tribune Staff Writer

SOUTH BEND — As he walked from the courtroom, 19-year-old Kenneth House did what few defendants do at the close of his felony sentencing.

He stopped to embrace the family of his victim.

Not only that, but family members of 77-year-old Margie Brenneman hugged House back, and relatives for both sides spent several minutes whispering kind words, patting backs and squeezing shoulders.

Brenneman was struck by House’s car last July. House faced up to three years in prison for Class D felony leaving the scene of an accident resulting in serious bodily injury.

St. Joseph Superior Court Judge Jerome Frese on Tuesday sentenced House to a two-year suspended sentence and three years of probation.

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Brenneman was hit July 11 while standing on the lawn outside Welsheimer Funeral Home, 521 N. William St., when House’s car left the road and smashed into a road sign that then flew into Brenneman’s body.

Police said House was estimated to be traveling close to 50 mph.

The teenager left the scene and hid the vehicle, according to authorities. He turned himself into the police station early the next morning.

Brenneman did not attend the sentencing, but family members spoke on her behalf about the severe physical and financial anguish resulting from the crash.

Son-in-law Craig Frances said because House had no insurance, his mother-in-law is having to draw from her own insurance to pay extensive medical bills.

"Her recovery is in question," Frances said. "She may not regain the use of her leg."

Family members said the elderly woman had a rod placed in her leg and must now use a walker. Frances also said his once-independent mother-in-law will have to likely move out of her home because it isn’t handicap accessible.

When it was his turn to speak, House expressed his remorse for the accident, telling the court, "I’m sorry for the things I did." He also turned to face Frances after he spoke, telling him, "I’m sorry, sir."

Defense attorney Mari Duerring asked that House receive probation, calling him a good person who made a foolish mistake. Duerring said House has made efforts to contact Brenneman since the crash and has taken full responsibility for the accident. The teenager pleaded guilty straight up with no plea agreement from the state.

But deputy prosecutor Eric Tamashasky argued that regardless of House being sorry and turning himself in, "he started doing the right thing several hours too late."

Tamashasky added that House should have thought to spend the money he used for "T-shirts" and "cell phones" on insurance for his vehicle.

The deputy prosecutor argued House serve six months in the county jail — the minimum jail time allotted for a Class D felony — and also attend a victims impact panel.

After the hearing, Brenneman’s family members declined to comment on their reactions to the sentencing.

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