Joy receives three year prison sentence, probation

MEEKER I Neil Joy listened while his best friend’s mother, father, sister-in-law and district attorney spoke. Then he heard his counselor, a friend, his brother, his wife and his attorney speak on his behalf. Finally, Joy spoke for himself before Judge Denise Lynch sentenced him to three years of confinement in the Colorado Department of Corrections for the Aug. 5, 2011 shooting death of James Eben “Jeb” Berthelson, Joy’s best friend.
Joy entered guilty pleas Jan. 27, 2012, to charges of reckless manslaughter, a class IV felony, and misdemeanor possession of a firearm while under the influence of alcohol. Judge Denise Lynch handed down a sentence of three years in the Department of Corrections, a three year mandatory parole period on the first count, and one year in jail, to be served concurrently with his prison term, on the second count.
Berthelson’s younger brother, and only sibling, Brett Berthelson, stood next to his wife Jessica, as she read a letter telling how the time her two children had with their “uncle Jebby” was cut short and the “nightmare” they’ve experienced.
Berthelson’s mother, Susan, also addressed the judge, but made no recommendation about the sentencing. Susan spoke of her eldest son’s many talents, what a loyal friend he was and how grateful she was for Jeb returning to work on the family ranch.
“We were proud he was our son,” Susan Berthelson said.
Berthelson’s father, Wiley, thanked district attorney Martin Beeson, deputy DA Gene Tardy, Colorado Bureau of Investigation Agent Brooks Bennett, Investigator Anthony Mazzola and the Rio Blanco County Sheriff’s Office for their “professionalism, caring and sincerity, I’m a better person from knowing them,” he said.
Wiley said he read “most of the documents” presented and he would not make a recommendation on the sentencing either.
“I’m perfectly OK with your decision, no hard feelings,” Wiley Berthelson said. “I hope you ensure it doesn’t happen again. God bless you for taking the responsibility,” he told the judge.
Wiley Berthelson spoke about knowing Joy since he was young and Joy’s struggles with the truth, but he also took some responsibility.
“There were instances, since he was a minor on up with the truth not totally told, a lack of restitution and lack of accountability,” Wiley Berthelson said. “I didn’t try to help him, I never had a sit down with him so I have culpa too but it sets a pattern.”
He recounted three phone calls he received from Joy the night of the shooting wherein Joy told him his version of what happened (that Jeb had shot a locked gate and the bullet ricocheted, hitting him in the leg). Berthelson said he was “skeptical” of Joy’s version of events.
Berthelson said Joy continued telling his version to investigators and wanted to meet with the Berthelson family, but he didn’t think it was a good time. Joy did meet with Brett Berthelson, who wanted to know his brother’s last words and the truth about what happened. Joy told him his version of the accident.
Berthelson said when the CBI reconstructed the crime scene they knew events did not unfold according to Joy’s account. When asked for the truth, Joy gave the same version again before coming back and confessing.
“There’s a pattern here,” Wiley Berthelson said. “The pinnacle was when a life was finally lost, the enormity is overwhelming to the defendant. The night it happened, he loaded my son in the back of his pickup and stopped 500 yards from medical help. I think he was a mental mess and couldn’t face the music. Five hundred yards from help, same ol’ pattern. I hope you can remove the five percent doubt from my mind that it won’t happen again.”
Tim Langdess, a clinical social worker, said he has seen Joy 23 times since Aug. 30 and that Joy was experiencing guilt, shame, remorse, regretted his dishonesty and had a willingness to face what he did wrong. Langdess said he worried at first that Joy would chose suicide, but instead Joy has become a better father and husband.
Neil Joy’s only sibling, Leif, 12 years his senior, spoke for the Joy family, first giving his condolences to the Berthelsons.
“We grew up in a Christian environment, but it took a tragedy to find God,” Leif Joy said. “There’s 12 years difference between us. He’s still my brother. I let him down with my failed attempts to lead by example and I take blame for the living hell we are all going through.”
Joy said he did see a positive change in his younger brother last Christmas, being a “father, son and brother; and more importantly, a human being.”
“Our hopes and prayers are that Neil’s life has changed for the better, I’ve seen the change and our whole family holds out hope,” Leif Joy said before offering to be a friend or big brother to Brett Berthelson.
“We respect your decision as well,” Leif Joy told the judge.
Joy’s wife Amy said she had known her husband for 10 years and they had been together for nine. Alcohol had been a cause of stress in the family since the beginning but “underneath I knew there was a caring and loving human being.”
Amy Joy said Neil and Jeb had a special bond and would do anything for each other.
“Jeb needed Neil and Neil needed Jeb,” she said. Joy’s wife said alcohol was the common denominator for her husband’s problems and he is now dealing with the consequences.
“He has a long road ahead in recovery and will struggle the rest of his life,” she said. “No punishment will bring Jeb back and no punishment is worse than him living with what he did.”
Beeson said he would be frank and candid and didn’t agree with the pre-sentencing investigation report, which recommended a sentence of one year in jail and 10 years probation.
“The defendant was drunk, he took a pistol and got behind the wheel, then shot and killed Jeb,” Beeson said. “He failed to drive Jeb all the way down the mountain because he was concocting stories to keep himself out of trouble. He lied, to friends and family, he lied to the cops and to agent Bennett when told the evidence, which told us his story was not true. A lack of character was shown.”
Beeson told of Joy’s four driving under the influence arrests, including two in 1998, one in 1999 and another in 2000.
“The defendant just didn’t get it. He never has,” Beeson said. “There is one cause and one cause only for all the pain, all the hurt suffered and the consequences lie squarely on the defendant.”
“When the defendant completes his sentence, whatever it is, he will walk away with his life to his family,” Beeson said. “All the Berthelsons walk away with is cherished memories and emptiness, an emptiness that can never be filled.”
Beeson asked the judge to sentence Joy to the maximum six years in the DOC, three years mandatory parole, costs, surcharges and restitution on the first count and one year in county jail for the second count.
Joy’s attorney, Gordon Gallagher, said what happened was a tragedy and that there were many sentencing options available. Gallagher said Joy was an alcoholic but the actions and changes he has made since the accident “are real.”
“Neil is worth saving,” Gallagher said.
Neil Joy also spoke for himself before hearing his sentence.
“First, I want to say I’m sorry,” Joy said, mentioning all of the Berthelsons by first name. “I miss Jeb’s family very much. I’m also sorry for what this has done to the community. I would give anything to change what happened that night but I can’t. In a split second everything changed, everything came crashing down. My actions that night play over and over in my head and I can’t make sense of it all. The gun, the sheer terror, the chaos and the lie, I can never forgive myself. I had a chance to tell the truth to Jeb’s brother Brett and I froze, I blew it and I lied to my friend Mike Joos.”
Joy went on to say, “Every day and night I see him lying on that dirt road. I have an extremely vivid flashing memory with all five of my senses, every single day. This is how I am charged of remembering my best friend Jeb, of my own doing, I do not deserve to forget. It has been seven months and 15 days and I still don’t comprehend the whole situation. It has also been seven months and 15 days since I had a drink.”
Joy said he would not use alcohol or his alcoholism as an excuse. “My carelessness and stupidity are to blame,” and now he wants to help educate others. “It was preventable. It shouldn’t have happened but it did. I’m sorry, I’ll live with the guilt of Jeb’s death the rest of my life.”
Joy ended his statement by saying, “I’m guilty as charged, your Honor, to this I never disagreed. I accept that my best friend James Eben Berthelson is gone because of my carelessness and I accept and deserve whatever punishment you give me.”