Lucky breaks kept felon out of prison before fatal crash

By all accounts, Neal Kelley should have been behind bars Monday morning. Not one, but three factors could have put him in jail or prison instead of racing down Elliott Avenue West in a stolen Honda.

Instead, because of legal breaks and luck, the career criminal was out free the morning he drove into a car driven by Seattle police Officer Beth Nowak, killing both of them instantly.

The collision capped more than a decade of mostly car-related felonies, several in which he attacked police officers. Records show:

• A warrant was issued for his arrest less than two weeks before the collision, but Kelley had not been picked up by police.

• The state Department of Corrections let Kelley out of prison early this year. He had pleaded guilty and was sentenced in August 2004 after he had stolen cars, run from police, hit other vehicles, assaulted officers and been shot twice.

If he had served the full sentence, he would have stayed in prison until about January 2008, but state law gives time off for good behavior.

• On July 26, Seattle police arrested Kelley for theft, possession of stolen property, malicious mischief and assault. County prosecutors said they were waiting on additional information from police that might have allowed them to file charges. But Monday, 3 ½ months later, Kelley was still free.

Friends said that Kelley, 35, knew he shouldn't be stealing cars and using drugs but had hit a low point in his life.

One of those friends, Tim Craig, said Kelley had eight children but custody of none, was rejected by prospective employers because of his criminal record, was addicted to cocaine, and his mother died last year.

When Kelley, who had been convicted of more than a dozen felonies, wasn't behind bars, he would try to get jobs at stereo shops. He dreamed about opening his own, Craig said.

Kelley lived in cars but had just bought an engagement ring for his girlfriend, Melissa Nelson, Craig said.

Nelson, 20, was riding in the Honda when Kelley crashed into Nowak. She remains at Harborview Medical Center in satisfactory condition and could not be reached for comment.

Nowak, 30, had been on her way to start her 3 a.m. shift. She was hired this spring after leaving the Racine, Wis., Police Department.

Prosecutors say Kelley was punished as severely as possible. During sentencing in 2004 for eight felony charges, Kelley was granted a Drug Offender Sentencing Alternative (DOSA). The time in prison was the same as it would have been under the standard sentence, the King County Prosecuting Attorney's Office said, but the court also imposed equal time — 55 months — of community monitoring and drug treatment.

"The defense lawyers and the prosecutors knew he deserved a heavy sentence, but I think both sides were also saying 'this guy needs treatment.' And at that time he really seemed to want treatment," said Mark Larson, chief criminal deputy for King County Prosecutor Norm Maleng.

But Kelley didn't hold up his end of the DOSA sentence. He tested positive for cocaine use Sept. 19 and missed a check-in with his community corrections officer Oct. 11, sources said. A warrant was issued Nov. 1.

"The Department of Corrections is conducting an internal review regarding the circumstances of Kelley's supervision in the community," DOC spokesman Gary Larson said.

Prosecutors and Seattle police offered conflicting information about why Kelley hadn't been charged for the July incident, in which he allegedly drove off in a stolen car after a Seattle officer spotted him trying to steal another vehicle. After he struck an unoccupied car and tried to run over two police officers, a Taser was used and he was arrested, according to police reports.

Prosecutors said Tuesday the case was referred to them by police, but they sent it back and were awaiting more evidence before deciding whether to file charges. Seattle police said they already had sent the case back with the additional information.