Welcome to my Crime and Justice blog! I am a 19 year old criminal justice student at the University of Winnipeg. I advocate for prisoners' rights, human rights, equality and criminal justice/prison system reforms.
Showing posts with label Driving Prohibition. Show all posts
Showing posts with label Driving Prohibition. Show all posts

Tuesday, March 16, 2010

Prison for drunk driving arsonist


An Edmonton man busted for torching his former flame’s SUV after driving drunk from the scene and just missing a police car before smashing into a tree is off to jail.
Anthony Zaozirny, 42, was sentenced Friday to 10 months behind bars, followed by two years probation, after earlier pleading guilty to arson, impaired driving and two counts of uttering threats to cause death or bodily harm.
Court has heard the bizarre incident stemmed from the oilfield worker becoming upset when his ex-girlfriend became pregnant after their romance ended and she ignored his attempts to get her to submit to DNA testing so he could find out whether he was the father.
Provincial court Judge Donna Valgardson noted the relationship had alternated between “reconciliation and revenge” and told Zaozirny he needs to listen when people give him good advice.
“That’s forget it and move on,” said Valgardson.
Zaozirny was fined $2,000 and banned from driving for 18 months on the drunk driving conviction.
He was also ordered to submit a DNA sample for the national DNA databank in Ottawa and prohibited from possessing firearms for 10 years.
As well, he was ordered to pay $4,300 in restitution for the two vehicles he damaged.
While on probation, Zaozirny must take treatment and counselling for alcohol abuse and domestic violence, abstain from drinking and have no contact with his ex-girlfriend or her current husband.
Court heard Zaozirny had a brief romantic liaison with Bernadette Andrejiw in 2008 and the pair had earlier been friends and acquaintances for a number of years.
Their romance ended in July 2008 and Zaozirny later learned Andrejiw was pregnant and he repeatedly tried to contact her to get her to submit to DNA testing so he could find out whether he was the father.
On the night of March 15, 2009, Zaozirny went to a bar across the street from where he knew she lived and was getting drunk when he saw her pull up in a Ford Explorer on the street in front of her residence and then go in.
Court heard Zaozirny then went outside to his pickup and grabbed a drill cable which he used to smash a large hole in the SUV’s windshield. He then grabbed a gas container from his truck and poured about five litres of gas into the SUV before tossing in a match and igniting the vehicle.
The SUV was “completely destroyed” by the 2:30 a.m. fire and a nearby pickup was also damaged.
Two police cars were heading to the scene in a convoy when the officer in the rear cruiser saw a pickup operated by Zaozirny do an unsafe turn in front of the first cruiser, narrowly missing it, and then crash into a tree.
The officer pulled over to investigate and quickly realized Zaozirny had been drinking. A breath sample later revealed Zaozirny had a blood-alcohol level of .13.
The officer also smelled gasoline and discovered a half-empty gas container and a book of matches in the pickup.
At that point, Zaozirny gave a full confession of what he had done and was arrested and charged, court heard.
The oil field worker was eventually released on his own recognizance with a condition he not contact Andrejiw.
However, Zaozirny repeatedly called the home where Andrejiw was living with Aaron Beattie and left messages, including one where he threatened to “bury the two of them” and another where he threatened to “rip Mr. Beattie’s head off.”
Before being sentenced, Zaozirny apologized for his actions.
“I totally regret what I did. It was a poor judgement call and alcohol was definitely a factor,” said Zaozirny.

I completely agree with this man's sentence as I believe he shows remorse and should be rehabilitated by attending alcohol counseling and being placed on probation. I also agree with the short prison term to express denunciation. 

Thursday, March 11, 2010

Calgary man sentenced to 5 years for fatal hit and run


A Calgary man was sentenced to five years in prison Wednesday for driving home drunk from a neighbourhood pub and mowing down a pedestrian, as well as seriously injuring her wheelchair-bound son and a family friend.
Darren Paul Coupal, 38, who pleaded guilty Nov. 30 to impaired driving causing death in the hit-and-run crash that killed Linda Davey, 42, and two counts of impaired driving causing bodily harm, was also prohibited from driving for 10 years.
In her ruling Wednesday morning, Court of Queen's Bench Justice Beth Hughes said Coupal's two prior drinking and driving-related offences were aggravating factors behind her sentence.
"He was driving in his own neighbourhood near a school. He lived in Bridlewood and he had to know the nature of the area. It shows a reckless and wanton disregard for his neighbours," she said.
Hughes gave Coupal a four-year prison term for causing the death, a concurrent four-year term for causing bodly harm and consecutive nine months and three months for hit and and run and for driving while disqualified.
The Bridlewood crash on April 30, 2008, caused serious injuries to Davey's son Josh, then 16, who has cerebral palsy, and friend Fakhria Zadran.
Court heard the three were out walking at around 8:15 p.m. when Coupal left the pub and got behind the wheel of a Dodge Durango, which had been left with him by a friend while out of the city. Coupal's unsteady walk to the vehicle arose the suspicions of others in the parking lot, according to an agreed statement of facts.
As witnesses called 911 to report an impaired driver, Coupal began the 1.1-kilometre drive home. When he failed to negotiate a curve on Bridleridge Way S.W., the SUV went up on the sidewalk, where it struck Davey, her son and friend.
The vehicle then crossed back over the street and up on the median, rupturing two of its tires, before Coupal returned to the correct side of the road and drove home.
While he left the scene to avoid criminal charges, according to the facts, Coupal didn't realize he had hit anyone.
Josh Davey spent one month in hospital recovering from his injuries. Zadran was hospitalized for four months and will never fully recover from her injuries.
The impact on the victims' families was evident at a sentencing hearing last month.
While reading his victim impact statement, Kevin Davey said: "This person changed our lives in the instant he so violently ended Linda's life."
"I'm unsure if we'll ever be completely 100 per cent free of the pain he's caused, due to the depth and strength of mine and Linda's friendship, companionship and love, and due to her unwavering love and dedication to our children."
Coupal also pleaded guilty to failing to remain at the scene of an accident and driving while disqualified.
Crown prosecutor Paul Mason had argued for a 10-year prison sentence, plus a lifetime driving prohibition, noting Coupal had two previous convictions involving drinking and driving.
Defence lawyer Steve Wojcik sought a sentence of four years, less credit for 22 months spent under house arrest awaiting trial and sentencing, for a remainder of 26 months to serve. He said, however, the driving ban should be only five years.
The Daveys and the Zadran family have filed civil suits against Coupal.
Kevin Davey said in his statement his children have been unable to attend court, because, "They were both scared of seeing this man that killed Mommy."
He also said his now 18-year-old son, who still requires surgery two years later, and his daughter Erin, who escaped serious injury, are devastated.
"Our daughter, Erin, just eight years old at the time, witnessed this horrific hit-and-run and actually saw her mom's body being dragged along the road beneath the wheels of the vehicle this person was illegally driving," said Davey, who was married to Linda for 21 years.
"I can only pray that our children will not be emotionally scarred for the rest of their lives, due to what they went through and what they witnessed -- and I'm extremely fearful that the nightmares we've all experienced since that night will continue for many years to come."
Mason said he sought a stiff sentence because of the callous nature of the crime. He said Coupal chose to drive home from a bar that was within walking distance, went off the road and struck the victims, then continued to drive 800 metres on flat tires with sparks shooting from the rims.
Wojcik said Coupal has always been remorseful, has changed his actions since the crash and has not driven or consumed alcohol since.
Coupal apologized to the victims' families and to court at last month's hearing.
"I feel my acts on April 30, 2008, caused great consequences and heartache that will never heal," he said. "My decision to drink and drive took a mother away from her children and a wife away from a husband and hurt many other people. I apologize to Erin, Josh and Keith Davey and Fakhria Zadran and her family."

I believe that this man has changed as he has stopped drinking and has not driven since the accident. I think that when he learned of what he had done, it really shocked him and changed him. He is also very remorseful. I feel that the driving prohibition should only be for 5 years. I also feel that this man can be effectively punished and rehabilitated through less prison time. I feel that he should have been sentenced to 3 years prison (to show denunciation and deterrence) and should be required to take programs about impaired driving and alcohol abuse.