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.
