A Winnipeg man who slammed his truck into a tree while driving drunk at nearly triple the legal limit -- killing his cousin and seriously injuring himself -- is headed to prison.
Dennis Joseph McKay, 43, has agreed to a 30-month sentence (2 years and 6 months) as part of a plea bargain struck with the Crown. His sentencing hearing began Tuesday and will conclude on Thursday.
McKay has an extensive criminal record which includes two prior impaired driving convictions. He also had a suspended licence at the time of the November 2007 crash on Keewatin Street near Pacific Avenue.
"All hell broke loose at that intersection, and the results were tragic," Crown attorney Tim Chudy told court.
Larry Orvis, 36, died of massive trauma after being crushed in the passenger seat of McKay's pick-up truck, which left the roadway and slammed into a tree in the backyard of a nearby home.
McKay suffered a broken ankle and deep cut to his head. He refused to provide a breath sample in hospital and became combative with staff, even punching a female nurse who was trying to treat him, court was told.
Police say he was slurring his speech and his breath smelled strongly of liquor. Officers later obtained a blood sample and found McKay was driving with a level of .23. The legal limit in Manitoba is .08.
Defence lawyer Ryan Amy said his client has struggled with an alcohol addiction for much of his adult life. A pre-sentence report says he is filled with regret for killing Orvis, who grew up with him and was extremely close.
The two men had spent the evening drinking at McKay's home in Lockport, just north of Winnipeg, court was told.
McKay has been free on bail since shortly after his arrest but will be taken into custody Thursday to begin serving his prison term. The Crown is also requesting a lifetime driving ban based on his prior history, although that is not part of the agreement with defence.
I believe that this sentence is appropriate, considering the circumstances. Yes, this man has an extensive history and prior impaired driving convictions, but that makes sense because has been suffering from alcohol addiction for some time now. He is also very remorseful and will have to live with the consequences of his actions for the rest of his life. In prison, he should have to attend alcohol counseling treatment/rehabilitation and also continue to attend if he is released on parole.
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