CASSOPOLIS — A Dowagiac mother wiped tears from her eyes as she was being sentenced Friday morning in Cass County Circuit Court.

Cass County Circuit Court Judge Mark Herman sentenced Jessica Kelley, 34, of the 29000 block of Amerihost Drive, Dowagiac, to 18 months probation and 92 days in Cass County Jail for operating while intoxicated, causing serious injury.

Her sentence will be spent on SCRAM tether, an ankle monitor which will keep her physically out of jail, but will monitor her movements and alcohol consumption. As part of her sentence, she is barred from entering any establishment that exists primarily to serve alcohol and she is required to participate in any drug or alcohol programs recommended by her probation agent. In addition, she is required to pay $215 in restitution to the Dowagiac Police Department.

Kelley pleaded guilty to the charge at an Oct. 23 court appearance.

The charges stem from a May 12 incident occurring near Lowe Street near Hendrix Street in Dowagiac. While driving, Kelley struck and injured a pedestrian. After the incident, Kelley failed a field sobriety test, and a blood test showed her blood-alcohol content to be .09, which is higher than the legal limit.

The injuries sustained by the victim include two broken ribs and, two broken legs, including a fractured femur. The victim also suffered from head injuries and fractured vertebrae.

“The most disturbing thing about this case is that [Kelley] states she only had one alcoholic beverage and that it didn’t have any effect on her driving ability,” said prosecuting attorney Sarah Mathews. “That concerns me because when you pull out the agent’s account of what happened, the agent says that she was asked to perform a field sobriety test. She did not pass. Obviously, that alcohol did impact her. … and it impacted the person she hit that day.”

Mathews asked the judge to adopt the Department of Corrections recommendation that Kelley be sentenced to 90 days in Cass County Jail and 18 months probation.

“It gives her the supervision needed,” Mathews said. “If she does the 90 days in Cass County Jail, even if she does it on SCRAM, then I think that is a bit of poetic justice for her, because it will limit her leg for what it can do and where it can go.”

During sentencing, Kelley apologized publicly to her victim and noted that she had been in contact with the victim who had forgiven her and acknowledged the incident to be an accident.

In a letter to the court, Kelley said that the incident made her realize the impact her drinking can have on others and said that she is currently taking classes at Woodlands Behavioral Healthcare Network in Cassopolis to help her control her behavior.

“It’s a shame it takes something like this to bring people to the realization that drinking and driving is very serious,” Herman said to Kelley during sentencing.

Due to Kelley’s lack of a prior record, Herman adopted the recommendation, and sentenced Kelley to 92 days in Cass County Jail with credit for two days already served. The remaining 90 days will be spent on SCRAM tether.