Melly Hofer Gets Six-Year Prison Term

Local resident Melly Hofer has been sentenced to six years in prison for the crash that resulted in the death of Brittany Baker.

Hofer was driving the vehicle that crossed the centerline of US Route 45 near Dutch Lane last December 5 and struck the vehicle driven by the 18-year-old Baker as she was headed to classes at Effingham High School. Many young people who attended EHS with Baker or worked with her at Culver's Frozen Custard and Butterburgers attended Monday's hearing.

The six-year sentence was the maximum possible under the agreement approved when Hofer pleaded guilty earlier this year. The count actually carries a term of from three to 14 years in prison, but prosecutors and the Court agreed to impose no more than six years when Hofer entered her guilty plea. Probation is also an option on the charge, but the defense sought a three-year sentence. Defense counsel Ed Deters said Hofer didn't think seeking probation was an acceptable option.

In her statement, Hofer apologized for the crash, saying she would trade places with Brittany if she could and that she thinks about Brittany every day. She said, "I ask forgiveness from the Baker family, although I know I don't deserve it, or expect it."

Anthony Baker, Brittany's father, also addressed the Court. Baker spoke of his late daughter in glowing terms, saying she of his four daughters was most like him. He reminded Judge Allan Lolie that he came upon the crash scene and saw that Brittany's vehicle was involved. He went to St. Anthony's Memorial Hospital where he got the news that his daughter was dead. As he said when the plea agreement was reached on the sentence, he doesn't think the six-year sentence is enough. He said, "Brittany won't come out of the grave in six years."

There was much testimony as to Hofer's extensive drug use and abuse, even that she traded pills for the money needed to buy drugs designed to end her addiction, and that she was under the influence of three different drugs the morning of the crash. In addition to the collision, Hofer's vehicle turned out in front of another unit and caused a different vehicle to run off into a ditch before the impact with the Baker vehicle.

The defense shared information as to a rotten home life for Hofer growing up, including beatings with a belt and nights with no food, as well as a broken marriage due to her former husband's infidelity and a sexual assault.

Judge Lolie took note of Hofer's troubled life before imposing sentence and said, "I believe you, but that doesn't do anything to change things."

With the time Hofer is spent in jail awaiting resolution of her case and with a state requirement that she serve 85% of the sentence before being considered for release, Judge Lolie said she will serve 52 months in prison.