Brazil man, convicted of DUI death, off of home restriction

A 26-year-old Clay County man, who previously served out a prison sentence for driving while intoxicated and causing a 2006 accident that killed his girlfriend, was back in court Monday.

Michael W. Knight, Brazil, who had been on home detention since a January court date for violating his probation, was released from that home detention Monday in the hope he can begin repaying court-ordered restitution of more than $60,000.

Knight had been making $75 weekly payments for his home-detention status, and Putnam Superior Court Judge Denny Bridges ordered that amount to now be directed toward the reported $61,377 owed to the families of the accident victims.

"It's going to take you a long while to pay off $60,000, I'm afraid," Judge Bridges said. "At least this is a start."

According to court documents, Knight has paid less than $300 in total restitution to three victims ($200 to one, $55 to a second and $20 to a third person).

Knight will still be subject to weekly reporting to the Probation Department, the judge noted.

After admitting he violated his probation in the case, Knight agreed to a plea agreement with the state.

In January, Knight appeared in court on a petition to revoke probation regarding his March 2007 sentencing for the Class C felony of causing death when operating a motor vehicle while intoxicated.

That charge stem-med from a June 4, 2006 crash that took the life of his girlfriend, Elizabeth N. Wehrheim, 19, and permanently disabled Nathan Archer, another passenger in Knight's 2002 Oldsmobile Bravada.

At the 2007 sentencing, former Judge Robert Lowe ordered Knight to serve 11 years with 5-1/2 years to be done in prison and the remaining time on probation.

Judge Lowe sentenced Knight to eight years in the death of Wehrheim and three years for causing serious injury to Archer.

Knight has served out that sentence and has been out of prison and on probation in the case. However, his failure to abide by the terms of that probation is what landed him back in court.

When Knight appeared in court earlier this year, Deputy Prosecutor James Ensley noted the Brazil man had not reported to the Putnam Probation Department since May 2012 and had failed to pay any restitution in the case.

"Restitution is the big issue in this case," court-appointed defense counsel Trudy Selvia conceded Monday.

Ensley agreed. "Restitution of over $60,000 needs to be paid back," he stressed.

The 2006 fatality occurred, police reported, as Knight was traveling in excess of 75 mph when he lost control of his car and crashed into a tree on CR 1000 South near Cloverdale.

Toxicology tests showed Knight had a blood-alcohol level in excess of the legal limit of .08 percent at the time of the early-morning crash.

Prior to January 2007, Knight had maintained his innocence, claiming he was not the driver. He later changed his story, pleading guilty to charges of drunk driving and causing serious bodily injury.

The Brazil man testified that the night of the fatal crash he had attended a graduation party with Wehrheim and had consumed alcohol and smoked marijuana.

"This is a good example of how devastating drinking and driving can be," Prosecutor Tim Bookwalter said after that initial sentencing. "Elizabeth's life has been taken and Mr. Archer lives with his injuries every day."