INDIANAPOLIS -- The state has decided not to appeal a recent Indiana Court of Appeals opinion that will give a Fortville man a lesser sentence for his role in a 2014 deadly crash.
The Indiana Attorney General’s Office will not seek to transfer the Jordan Stafford case to the Supreme Court, said Peg McLeish, spokesperson for the Marion County Prosecutor’s office.
Jordan Stafford hit a directional arrow board on Interstate 69 in May 2014, killing construction workers Kenneth Duerson Jr. and Coty DeMoss.
Stafford was convicted of two counts of reckless operation of a vehicle in a highway work zone -death of worksite worker and two counts of disregarding traffic control device or flagman in highway work zone - death of a worker.
Stafford was expected to spend five years in prison for each victim.
However, the Court of Appeals vacated one of two convictions for Reckless Operation in a Highway Work Zone Causing Death based on the conclusion that Stafford’s one act of reckless driving in a highway work zone cannot sustain two convictions.
The Court of Appeals has returned the case to the trial court so that Stafford can be re-sentenced on the remaining Class C Felony conviction, where he will face a potential penalty of two to eight years in prison.
“We are prepared to move forward with the re-sentencing and to argue that Stafford should receive the maximum sentence of eight years under the remaining conviction,” said McLeish in an email to Call 6 Investigates.
No court date has been set yet.
Stafford is currently serving his time at Branchville Correctional Facility in Perry County, and his earliest possible release date is listed as July 9, 2021.
McLeish said if Stafford receives a new sentence of eight years, Stafford would likely spend one year less in prison compared to his original sentence.
“Our thoughts remain with the families and coworkers of Coty DeMoss and Kenneth Duerson, whose tragic deaths must serve as a somber reminder for our safety, awareness, and respect of those who work to build and sustain our infrastructure in potentially dangerous conditions,” said Terry Curry, Marion County Prosecutor in a statement to RTV6. “We respect the opinion of the Court of Appeals and intend to argue that Stafford receive the maximum sentence of eight years under the remaining conviction.”
Coty’s parents spoke with Call 6 Investigates Kara Kenney in 2015 and said they wanted justice in their son’s death.
“On May 9th, our lives changed forever,” said Coty’s mother, Chana DeMoss.
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Jordan Stafford told Call 6 Investigates' Kara Kenney “I’m sorry, and there’s nothing I can ever do to make up for what happened."
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