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Family of slain tow truck driver speaks after learning defendant will not serve jail time

While the judge handed down the sentence for Keagan Spencer's death last year, she also called out the defendant's mom for filming a video while driving recently.

GRAND RAPIDS, Mich. — Olivia Kain's victim impact statement about her fiancé Keagan Spencer is what brought Payton Ferris to tears Monday morning in court.

"I called a few times hoping this was a mistake but it wasn't, there was no answer on the other side," said Kain.

Last month, Ferris pleaded no-contest to a moving violation causing death for hitting and killing Spencer in Nov. of 2023.

"As time moves on, multiple people have seen the public social media accounts of yourself and your family posting as if they have not been affected, and it's truly disgusting," said Kain. "Your life will forever move forward as ours has stopped."

Spencer was stopped in the median on M-6 near Caledonia on Nov. 4 of last year when a car, driven by 19-year-old Ferris, hit and killed him.

Credit: Miko Garrison

Ferris was driving around 80 miles per hour and was on his phone 13 seconds before the crash according to court records.

Ferris' attorney spoke on his behalf.

"I can tell you, I've spoken with them," said the attorney. "There's been a palpable fear, their life suddenly changed too, their child was in trouble. He has never been part of this system, this would be a different case if he was a repeat offender, but he's not."

Before the judge handed down the sentence of two years probation, a year of suspended jail, and restitution costs for Spencer's funeral, she addressed an Instagram video that was brought up numerous times during victim impact statements posted by Ferris' mother.

In the video filmed while driving, Ferris' mother starts off by saying what she's doing is "not terribly legal, but it's just me in my car, so it's only me at risk."

"I was struck by how insensitive and flippant that was. What an unnecessary, careless thing to do," said the judge.

While the sentencing ended with Spencer's family and friends being escorted out of the courtroom by Kent County Sheriff's Deputies, Keagan's father Matt Spencer said the reaction was caused by what they feel is too light of a sentence.

"I feel that the judge missed the target here," said Matt. "She could have sent a message. This isn't just about Payton, this isn't just about Keagan. It's about everybody that's driving on the roads today, but we'll live with it and we'll move on."

Ferris will also have a suspended driver's license for one year and will have to complete 500 hours of community service. 

The judge also told Ferris that after that suspension, any traffic violation while on probation will be considered a violation, adding she'll reinstate his jail sentence.

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