Still grappling with life-changing injuries, a victim of a hit-and-run told an El Paso County judge Thursday that the man convicted of the crime didn’t do it.

Brent Gilmer, now 26, surrendered to authorities in July of last year for a hit-and-run that left David Nathan Mitchem, 33, with injuries he may not fully recover from, according to previous Gazette reporting. In September, a jury found Gilmer guilty of careless driving and leaving the scene of an accident and not reporting it to authorities, court records show.

Mitchem told 4th Judicial District Judge Catherine Mitchell Helton through a video call that the wreck has had long-lasting impacts on him and his family, but he insisted that Gilmer was not the driver who hit him while he was driving his motorcycle that day.

He asked Helton during Gilmer’s sentencing to give the man he once believed left him with a paralyzed foot and severe pain no punishment.

Defense attorney Alex Steiner said in court that Gilmer has no prior criminal history and that he has had an “incredibly positive attitude” about the case despite their belief that he was wrongfully convicted. He said Mitchem’s request for no punishment “speaks volumes.”

“In 16 years of working as an attorney, I don’t think I’ve ever heard anyone ask that,” Steiner said.

Steiner also mentioned in his argument for a lesser punishment that Gilmer had a “difficult upbringing” that he managed to overcome.

While she said she appreciated Mitchem’s victim statement, Helton noted that Gilmer was found guilty by a jury, so some punishment was needed. She sentenced him to 18 months on supervised probation and ordered he be evaluated for substance abuse treatment.

She waived any court fees and restitution that Gilmer would have to pay, and mentioned she would “be happy” to consider a motion to convert his probation to unsupervised with less time once his treatment is complete.

“It seems to me that you’ve really been able to rise above from some of the things that you’ve had to deal with in life, and I just wanted to congratulate you on that,” Helton told Gilmer.

Gilmer declined an interview with The Gazette.

Mitchem told The Gazette that the outcome is the “best case scenario,” aside from Gilmer getting off with no punishment.

The former Colorado Springs resident had to move back to his hometown in Iowa with his family after losing his business that was generating about $9 million in yearly revenue, but he insisted that Gilmer wasn’t the one driving the pickup truck that hit him.

Instead, Mitchem said in an interview that Gilmer’s father confessed to the crime during the trial, but the jury didn’t believe his testimony. After the trial, the three got together, and Mitchem said the father apologized for hitting him.

To Mitchem, that moment together was something that he had envisioned while lying in his hospital bed after the wreck. On that day, almost a year and a half ago, Mitchem said he felt this “overwhelming compassion” that he says was God telling him to forgive the person who hit him.

Ever since, Mitchem said he wanted to sit down with Gilmer, and he was thrilled when that chance came.

“I felt rich. I felt fulfilled in that moment because that’s really what’s going to matter. That’s the (thing) that will last into eternity,” Mitchem said. “Forgiveness is more about freeing us of the bondage of having that bitterness toward someone.”

The Mitchems are still pursuing civil litigation against Gilmer and his father, according to court records.

Mitchem’s wife, Tareja, said forgiveness doesn’t necessarily “negate justice or prohibit (financial) restoration.”

The life of the Mitchems ever since

After losing the family business, Blue Spruce Mercantile, the Mitchems moved to Iowa for cheaper living.

Nathan Mitchem has had trouble walking since his foot is paralyzed, and he said he has a lack of balance that causes pain in his back and neck. Doctors told him that it would take up to 36 months to recover, and it’s possible that his foot will stay paralyzed.

Their son and daughter, ages 7 and 3, have also had trouble processing the incident. The parents said their kids have brought up fears of one of them dying multiple times.

Tareja Mitchem, 33, said the family is in the process of “redemption.” This means getting back to a sense of normalcy while finding ways to rebuild financially.

What’s kept them going is their faith in God, who they say took them down this path because he has a plan for them. Tareja Mitchem said they’ve clung to the story of Joseph from the Bible.

The biblical narrative details the story of Joseph, who was sold to Egyptian slavers by his brothers but eventually rose to become second-in-command in Egypt. A famine washes over the region, and Joseph’s brothers eventually come for food.

Instead of letting them starve, Joseph forgives his brothers and reconciles with them, and that forgiveness is how he found salvation.

“We’re looking at all of this loss almost as, ‘OK, that’s what we experienced in that season.’ But that is going to be the foundation for what is next for us. We just trust that this is not the end of our story,” Tareja Mitchem said.

The two said the hit-and-run has fundamentally changed parts of them, each noting they’ve become more empathetic to people who have undergone traumatic events.

They believe the hit-and-run happened for a reason, and, eventually, the two hope to be in a spot where they can help people who are in similar positions.

“This is all preparation for our true calling in life and to make a greater kingdom impact,” Nathan Mitchem said. “Gold, for instance, has to go through a refining process. Well, for the last 18 months, the heat has been really turned up for us … but that’s producing better characters in us.”