A Peulah man has been sentenced to probation for killing a woman with a truck
David Michael Gwynne, 32, was sentenced to three years in prison by Judge David Thompson during his sentencing hearing on November 14. Gwen was also sentenced to six months in county jail, but the judge suspended the prison sentence on the condition that Gwen stay. He must comply with control orders that include electronic monitoring for a period of not less than 90 days.
Gwen will undergo a mental health evaluation, substance abuse evaluations, random drug tests, and not possess any weapons while on probation. He was also subject to fines to cover court costs.
Gwynne pleaded no contest to charges of aggravated assault and attempted carrying of a concealed weapon on Sept. 9 as part of a plea deal offered by Benzie County District Attorney Sarah Swanson. He was originally charged with carrying a concealed weapon and moving violation for death.
Part of the plea deal was for Gwen to keep his driver’s license.
The charges stem from an incident that occurred in August 2021 in the parking lot of a Shop-N-Save in Benzonia, according to court documents. A news release from Michigan State Police said Gwen did not see Katherine Ann Kelder, 77, walking into the parking lot and struck her with his truck.
Kelder was taken to Munson Medical Center in Traverse City, where she later died from her injuries.
During the investigation, police found an unregistered handgun in Gwen’s truck. Gwen did not have a permit to carry a concealed weapon.
At the time of sentencing, Thompson said he had difficulty calling the incident an accident, and stated that Gwyn was driving his car “on top” of the victim.
Gwen’s lawyer, Fredrik Stig Nielsen, said his client was prepared and cooperative throughout the entire process, admitted that he hit the victim with his car and tried to provide assistance.
Gwen himself said he was wrong.
“I’m sorry for what I did,” he said. “I take responsibility for what I did.”
When the judge asked him what he was apologizing for, Gwen replied, “For not paying attention while driving. Not paying enough attention.”
Before pronouncing the sentence, the prosecution gave a statement about the victim.
“She didn’t have a large family in the traditional sense, she was surrounded by a lot of people in this community who loved her very much and her church family,” District Attorney Sarah Swanson said. “She was a great loss to this community, and will be greatly missed by many.”
Swanson said Kelder’s killing was a “negligent act.”
