By Mary Drier
Staff Writer
CARO — Drinking, drugs and getting behind the wheel have changed the lives of two Tuscola County families forever.
Cody C. Kalis, 19, of Unionville, was sentenced Tuesday in connection with the death of Zachary Harp, 16, of Caro. Harp died due to injuries sustained when Kalis struck him with a vehicle in March 2011 after a night of partying in Gagetown.
Tuscola County Judge Patrick Joslyn sentenced Kalis to 30 months in prison along with court costs, fines, and restitution of about $6,415, which also includes Harp’s funeral costs.
“The term ‘tragic event’ is often overused… in this case, it is appropriate,” said Tuscola County Prosecutor Mark Reene, blaming Harp’s death on a series of events—underage drinking, drugs, and lack of responsible adult supervision.
Now, family and friends have been left behind to grieve both youths.
In the meantime, Reene said his office is pursuing charges against the adults who allowed underage drinking and drugs.
“There was a senseless loss of life. The homeowners abdicated their responsibility… it wasn’t the first nor the last time,” said Reene.
When the incident occurred, the teens were among several underage drinkers at a home at 6525 Elizabeth St. in Gagetown.
After interviewing teens who attended the party, authorities eventually determined that Kalis didn’t intentionally hit Harp with his vehicle and drag him, contrasting what was initially reported.
Reene explained Kalis was being assaulted by a youth who lived at the Elizabeth Street home, so Harp intervened for his friend as the fight continued outside, with Kalis being punched through a window.
Kalis was urged to “ ‘Go! Go! Get out of here,’ to stop the fight,” said Reene. “That’s when he somehow struck Harp.”
Reene said the windows on Kalis’ vehicle were fogged over, so visibility was poor.
“He (Kalis) was fleeing because he was getting the daylights beaten out of him,” said Judge Joslyn, adding that he holds the adults at the party scene accountable for the tragedy, along with parents who allowed their children to be at the party.
Joslyn said he hopes the parents of the two youths go to counseling to deal with their anger and grief.
“The sentence was for 30 months, which is the minimum— (between) 29 and 58 months—rather than the 15 year maximum,” said Reene. “At the end of 30 months, he will be eligible for possible parole.
“He (Joslyn) took in all of the facts that transpired, including the fact that it was an accident and not done deliberately after all. The sheriff departments did an outstanding investigation.”
Kalis entered a plea of “no-contest” to one count of operating while intoxicated and/or under the influence of drugs causing death. A no contest plea is not an admission of guilt, but it is treated as such for sentencing purposes.
In addition to the charge he pled to, he was originally charged with one count of open murder and one count of manslaughter – with a motor vehicle.
Kalis’ attorney, James Gust, said he felt the sentence was just, considering the circumstances.
“I’ve been before (Joslyn) before. I’ve found him to be a brilliant and compassionate judge,” said Gust.
Some felt the sentence should have been more harsh. Harp’s father, Adam Harp, asked Joslyn to give Kalis the maximum sentence.
“He called you ‘friend’ and you left him there to die,” said Adam Harp. “It’s 15 years… we will live with this for a lifetime.”
When it was his turn to speak, Kalis said he will live with this the rest of his life and he is “hoping and praying to receive forgiveness” some day.