Scott Leon Wilkins

WARSAW — He was sentenced to 15 years to the Indiana Department of Corrections this morning for the Dec. 27, 2014, death of Kami Ellis, 27, Nappanee, but Scott Leon Wilkins, 38, has already announced his intention to appeal his conviction and sentence. The accident was on CR 1350N, near CR 300W, Milford.

Goshen attorney Donald Shuler, with Barkes, Kolbus, Rife and Shuler LLP, was appointed his counsel for the appeal process.

Wilkins was sentenced to nine years on the charge of causing the death of another person with a schedule I or II controlled substance in the body; and six years for failure to stop after an accident resulting in death.

A jury found Wilkins guilty on those charges on Feb. 18, after a four-day trial and close to 5 1/2 hours of deliberation. He will serve these sentences consecutively and following his probation violation charge in Elkhart County. He was given a court-ordered 16-year driver’s license suspension in addition to the two-year suspension imposed by the Indiana Bureau of Motor Vehicles for refusal to submit to a chemical test. The driver’s license suspension will run concurrent to his incarceration.

Judge Joe Sutton noted it was “clearly not a close call” on if charges should be served concurrent or consecutive. “You evaded emergency responders, concealing yourself, conspired with friends and had disregard for Kami Ellis. With one violent crime complete at the scene you could have stayed and help … sit on the ground and cry. But you chose to commit another crime.”

Family and friends of Ellis and Wilkins filled the court room of Kosciusko Superior Court III this morning for the sentencing. It was an emotional time for everyone present.

“My heart goes out to everybody,” stated Sutton after hearing statements from Kami Ellis’ sister, Amy Ellis; twin, Kayla Ellis; father, Rick Ellis; and close friend Jessica Kauffman. Statements were also heard on behalf of Wilkins by a pastor and Jessica Sergienko, his fiance. Wilkins himself took the stand and spoke to the court, his family and the Ellis family.

Prosecution and defense presented to the court aggravating and mitigating circumstances to consider in determining the sentence.

The prosecution noted his past criminal arrests involving alcohol or drugs and domestic violence, his violation of probation on those convictions, along with the fact he was out on probation when the accident occurred. A Michigan case for possession of marijuana, was noted, even though it never went to court. “He ran away to let her die alone, then hatched a plan,” Karin McGrath, deputy prosecuting attorney, noted.

Mark Caruso, Wilkins attorney, agreed with the prosecution on his four criminal convictions, two of which were misdemeanors. “There is nothing any one can do to bring Kami Ellis back,” said Caruso. He pointed out that Ellis was found to have alcohol in her system, and the fact the jury did not find him guilty of reckless homicide. “It’s obvious … he has a substance abuse problem,” Caruso stated, asking the court to consider purposeful incarceration.

Caruso presented mitigating circumstances: Hardship to his children with no child support, and how Wilkins had shown him, and stated by his fiance, that he is not a horrible person. Remorse on Wilkins part was noted referring to the statement he gave that morning. “My heart goes out to the Ellis family. It was such a tragic and senseless accident,” stated Caruso.

McGrath argued against the mitigating circumstances. She pointed out he hid for over seven hours making it hard to obtain a conclusive drug/alcohol test; that he did not have custody of his children with the last supervised visit recorded on Sept. 5, 2015; and that the pre-sentence investigation showed he was not current on his child support. His military service, serving honorably and diligently was noted. She also disputed his remorsefulness stating he was still justifying his behavior.

Statements Heard

Kauffman, who had been a life-long friend of Ellis, stated she helped her raise her three sons, they lived next door to each other and Ellis loved horses. “I hate that she is not here to share that with me … how important she was to all of us, especially my boys,” Kauffman stated.

Her sister, Amy, a single mother of two daughters ages 10 and 4, said her sister was an honest girl, didn’t drink or smoke and had just began her life. She expressed the pain she and her family have struggled through, how Kami was her rock. “I always thought she would be there. She saw the struggles I had as a single mom,” and helped out. Amy noted she has undergone therapy, suffers from post traumatic stress syndrome and attention-deficit/hyperactivity disorder and has not been able to work. She is learning to relive her life without her sister. Looking at Wilkins she stated “I don’t know why you left her there. How could you do that to us.”

Kami Ellis’ father looked at Wilkins while addressing the court. He noted Kami did not have a driver’s license because of the fear of driving following an earlier accident in her life. “She put a lot of trust in you. She must have been terrified at the speed you were going … because of you she was cremated. We didn’t have a choice to see her, or have closure. All we have is an urn of her ashes, pictures and memories. For the rest of our lives we will be in pain … I will never see her go down the isle to be married, see her have my grandchildren … how can you explain to a 10- and 4-year-old that negligence caused her death. You get another chance on life. She doesn’t.”

Her father read a letter written to the judge by Aubrey her 10-year-old niece. That letter states Kami was like a second mother to her, how she was treated by Kami as if she was her own daughter. “I cried until I could cry no more,” the letter said. “I wish she was alive and with me.” The letter also notes she has received counseling to cope with the death and has a kitten to help her. “I hope you are sorry for what you have done.”

Her twin sister stated she has been living with a void, she misses her every day, but has had to be the strong one for the family. “It is hard to deal with the pain … I deal every day not seeing her face … I can’t walk into Mom’s house … the last time I saw her was Christmas. I didn’t get to say good bye, tell her I love her … Scott, I don’t hate you. You need to do the right thing. Step up. Be a man. Take responsibility and tell the truth. She stated she sat there during the trial waiting for the truth. “You’re acting like you don’t know anything. I know you’re lying…”

A local minister stated Wilkins attended his church and seeing Wilkins during recovery from his injuries: wearing an eye patch over an eye, in a body cast with a broken back and his foot in a cast, seeing his pain and he not being able to remember. “We prayed during this time … a changed person … regrets and sorry …” The minister stated Wilkins has helped support inmates in matters, written letters of encouragement to others.

Sergienko, who has know Wilkins for four years, noted she has seen a change in him, and is now the man she wished he would have always been. She stated if he could go back to that night and trade places with Kami, he would. “He’s not this horrible guy everybody thinks he is.” She stated he made past mistakes like everyone does as a young adult. She understands the loss the Ellis family feels. “He’s a loving guy who would bend over backward for people.” She also noted how her “hard-headed,” angry child took to Wilkins and is the only guy her son has ever liked.

Wilkins took the stand for the first time since the case began. “I’ve been trying to figure out what to say for a long time. I’ve jotted things down … I’ve only a summation of all that has gone through my mind … I accept full responsibility for what brought us here and the loss of Kami. I accept that my choices got us here today … It is my fault the Ellis Family is torn apart … I’ll live with it the rest of my life … nothing I can say or do can change anything. I want you to know how deeply sorry I am.”

He noted the date of Kami’s death was his son’s birthday. “I can’t look at his picture knowing that his birthday was her last day … I regret my decision …” He also talked about his meeting Kami, how she talked about her family especially her nieces. He recalled how that evening she turned the radio on to a country song, and while he cannot remember what it was, she was dancing in her seat to the music. “She was a precious woman,” he stated about the short time he know her.

He said of that night all he remembers is her singing and dancing, the car going sideways and walking up in a field wondering what was going on. “I ask you guys to forgive me and the court to use me however you see fit.”

See related:

• Wilkins Facing Probation Violation Charges
• Wilkins Found Guilty on Two Of Three Counts
• Closing Arguments Presented In Wilkins Trial
• Defense Rests, Case Going To Jury
• Prosecution Rests In Scott Wilkins Trial
• Jury Reviews Medical Documents
• Further Evidence Presented In Wilkins Trial
• Wilkins Trial Continues
• State Begins Presenting Its Case
• Jury Trial Begins In 2014 Fatal Accident
• Two Arrested Following Saturday Traffic Fatality
• Victim In Saturday’s Crash Identified
• One Dies In Fatal Accident Near Milford