Melissa and Gabe Fitzsimmons and their daughter, Aubrey, in the hospital on Aug. 22, 2011. (Photo provided)

It is not often that the prosecution, the defense and the judge agree in an open courtroom that a defendant can be rehabilitated after a crime. But today, in Kosciusko County Superior Court III, all parties came together and agreed that Andrew Peters, 30, is a changed man.

Judge Joe Sutton called it “an ironic case” and told the families of both Peters and his victim, Melissa Fitzsimmons, that “from the bad, we’ve seen some good.”

On Aug. 22, 2011, Andrew Peters, 30, was driving drunk on CR 100 North in Warsaw. His vehicle crossed the center line and struck a Jeep Grand Cherokee head-on. The driver of the Jeep, Melissa Fitzsimmons, 30, sustained a serious ankle injury. So far she has endured two ankle surgeries, two knee surgeries and she will still have to have one more surgery. Her career as an emergency room nurse has also been affected.

Also in the vehicle with Fitzsimmons was her infant daughter, who was safely strapped in a car seat, and escaped unharmed. (See related story)

On the witness stand today, Gabe Fitzsimmons told the court his wife lives in constant pain. Melissa had the couple’s second child Friday and was just released from the hospital so she was not able to attend.

“It’s to the point now we’re probably done having children because this pregnancy has been so tough for her,” Gabe Fitzsimmons said. “For the longest time, she couldn’t even carry our daughter and she still struggles to carry her because she’s not able to walk without pain. She won’t ever be able to run and play with her kids.”

Fitzsimmons added that his wife can no longer perform her duties as an ER nurse and, while she still works in the Kosciusko Community Hospital emergency room, she does triage work “where she is able to mostly sit. The pain is pretty unbearable for her to take being on her feet for long,” he said.

On March 15, 2012, Peters pleaded guilty to a C felony count of operating while intoxicated causing seriously bodily injury, and to a D felony charge of being a habitual substance abuse violator. His sentencing, however, had been rescheduled seven times. Judge Sutton said that, in postponing the sentencing for so long, it allowed the Fitzsimmons time to determine medical expenses and other damages that resulted from the crash. The time also allowed Peters to get help for a drinking problem.

“It’s ironic in the sense that, early on, (Peters) family was asking for Serenity House to get him the treatment he needed, but with the mandatory minimum sentence that was required, he would not have qualified for that program,” said Judge Sutton. “Through the postponements, it allowed him to get into the Serenity House program and the Fitzsimmons’ have been able to determine restitution amounts.”

Peters, appearing to choke back tears, addressed the court and his victim’s family reading a written statement: “I cannot tell you how regretful I am for my actions and causing the pain I did to your entire family … your health and happiness have been in my and my family’s prayers. I have taken many life changing steps to combat my problem with alcohol. I am extremely regretful I had to hurt some people to take the steps to change my life.”

Peters has successfully completed a 17-month program at Serenity House, but remains a volunteer resident of the facility. “Through the program, I have not had a drink in the last 795 days which I think is a miracle,” he said. “At Serenity House I’m viewed as a leader, helpful friend and a living example that recovery programs work. I will do everything in my power to help others change their lives.”

Defense attorney John Barrett asked the judge to consider work release for Peters, who has a good job at Biomet, has turned his life around and has agreed to make restitution to the Fitzsimmons family. “When I think about this case and Andrew, a couple things pop out. One major thing is that Andrew had an alcohol problem and that led to his criminal problems back to 2001. He had a 2004 accident, 2 OWIs prior and then this. The theme is he was struggling with alcohol … We’ve all heard people apologize, and I think Andrew is sincere in his remorsefulness. He’s a humble guy, honest person; nice guys do things that are wrong and make terrible decisions and that’s what happened here … Maybe the work he has done has saved another family.”

In her closing statements, attorney Christanne Hampton for the prosecutor’s office said, “We don’t always have defendants check themselves into Serenity House. I agree he’s not the person he was 2 years ago, but we would hope he wouldn’t be that same person.”

Fitzsimmons also told Judge Sutton, “If there is potential for work release, we are OK with it.” He then looked at Peters and said, “I don’t think sitting in a little room by yourself is holding you accountable for what you did. If anything, knowing every Friday you have to pay for what you did is holding you accountable.”

“I’m of the belief today that Mr. Peters is a very different man than he was in 2011,” said Judge Sutton in handing down the sentence. But he could not ignore the seriousness of the crime.

Judge Sutton sentenced Peters to a 2-year jail term for the C felony and a 3-year term for the D felony habitual offender charge. He was also sentenced to complete 5 years of probation. Peters is allowed to serve the jail time in Kosciusko County Work Release, which will amount to 2 1/2 years. However, local work release will only permit a 2-year program. Judge Sutton said Peters could look into Whitley County’s program to complete the program.

Peters was also ordered to pay $100 per week toward restitution in the amount of $75,720.17, which includes $30,000 in future surgical expenses. If the future surgery is less than $30,000, Peters would only have to pay the total of that. If the future surgery does not happen, he would not be responsible for the $30,000.