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PRESS RELEASE

August 12, 2008

Contact:         John Potbury, Special Assistant Prosecuting Attorney

                        (810)257-3215

MOTHER CHARGED WITH SECOND DEGREE MURDER IN THE DRUNK DRIVING DEATH OF HER 8-YEAR-OLD DAUGHTER

FLINT --  Genesee County Prosecutor David Leyton announced today that he has charged a Genesee County woman with second degree murder in the death of her 8-year-old daughter who was a passenger in an SUV which the mother was driving when it crashed into a utility pole on March 10, 2008.

Kelly Marie Arthurs, 41, formerly of Fenton, is charged with three felonies:  second degree murder, which carries a penalty of life or any term of years in prison; operating while intoxicated causing death, which carries a maximum penalty of 15 years in prison;  and operating while intoxicated causing serious injury, which carries a maximum penalty of 5 years in prison.

Prosecutor Leyton said that Arthurs was driving a Jeep Cherokee SUV on Fenton Road near McCall Road in Mundy Township when her vehicle went off the road and struck a utility pole.  A witness to the crash called 9-1-1 and police and ambulance personnel arrived on the scene.  The SUV was up against a utility pole and a young female appeared unconscious and trapped in the front passenger side of the vehicle.  A rapid extraction of the girl was peformed and CPR and other medical treatment was given as the girl was taken to Genesys Regional Medical Center where she was pronounced dead after resuscitation efforts were unsuccessful.  The girl was later identified as 8-year-old Kelsey Caswell, one of Kelly Arthurs twin daughters.

Kelsey’s twin sister, Kasey Caswell, was also transported to Genesys where she was diagnosed with a closed head injury and transported to Hurley Medical Center in Flint for further care and treatment.

Investigative reports indicate that Arthurs had been drinking and using drugs earlier in the evening and was impaired from both alcohol and drugs at the time of the crash.

“It is difficult to understand how a mother would choose drugs and alcohol over the safety and care of her very own children but that is exactly what occurred in this case,” said Prosecutor Leyton. 

“This was a terrible and senseless tragedy that resulted in the death of an 8-year old girl and serious injury to her twin sister,” he said.  “There is absolutely no excuse for what occurred and justice demands that Kelly Arthurs be held accountable for her criminal actions in a court of law.”

Arthurs was arraigned this afternoon in 67th District Court and a pre-trial hearing date is set for August 15, 2008 with a preliminary examination set for August 20, 2008.

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