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 Leaving the Scene of an Accident. Show all posts
Showing posts with label Leaving the Scene of an Accident. Show all posts

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.

Family erupts as hit and run driver sentenced to 42 months.


A family's anger erupted simultaneously in two courtrooms when a judge sentenced a driver for his role in a hit-and-run accident that killed a seven-year-old Dauphin girl.
Queen's Bench Justice Lori Spiva had no sooner sentenced Lionel Lavallee to 42 months (3 and 1/2 years) in prison when words were hurled in both a Winnipeg courtroom and one in Dauphin connected by a video link.
"You call yourself a judge?" a man identified as the father of the child, Teah Ironstand, yelled in Dauphin.
"You're un(expletive) fit to be a judge."
In Winnipeg, the child's grandmother saved her anger for Lavallee himself.
"Justice will be served you child killer," Diane Ironstand yelled, shortly before Lavallee was escorted out of the courtroom by sheriff's officers.
The grandmother said after court that she hoped the Crown would appeal the case.
"(Teah) was a happy girl and she just loved animals," she said.
"I'm really disappointed in the justice system. You never want to be a victim of crime ever."
Lavallee, 39, had pleaded guilty to leaving the scene of an accident.
Family members said Teah was playing with her brother on the front lawn of her Dauphin home when she spotted a dog crossing the road and darted after it into the path of a half-ton truck. The accident occurred on Aug. 9, 2008, at about 10 p.m.
Teah, who was thrown several metres in the air, was rushed to hospitals in Dauphin and Winnipeg, but she died of her injuries two days later.
Court was told Lavallee left the vehicle and began screaming for help, but drove off about five minutes later before emergency crews were called.
An RCMP crash investigation later concluded that Lavallee was not at fault and had slammed his brakes in vain to avoid hitting the child.
But court was also told that Lavallee -- who RCMP determined was driving about 58 kilometres an hour in a 50 km/hr zone -- had a long history of driving while impaired.
He didn't have a licence at the time of the collision.
The Crown argued for Lavallee to be sentenced to six years in prison, because it was believed the man had drugs on him at the time of the collision and had taken off to dispose of them. Lavallee's lawyer argued the man should be sentenced to time in custody.
But Spivak said she didn't believe Lavallee was in possession of drugs and noted he had testified he left the scene because "he was in shock and didn't know what to do because I was driving without a licence."
Spivak said because of the months of pre-trial custody Lavallee had already served, he only had to serve four more months in prison.
The judge also ordered Lavallee to be prohibited from driving for seven years.

I understand why the victims/family and public is in an uproar about this sentence. They don't fully understand the principles of the justice system and have a distorted view of crime as perpetuated through the media. You need to look at both sides of the story here. Yes this man was driving without a license and had a history of impaired driving, but he also was not excessively speeding, and did scream for help (showing that he felt remorse for what had just happened) and likely left because he was in shock. What I don't understand, is why this man wasn't charged with manslaughter (because the girl did die). I feel that this sentence is appropriate, considering these circumstances. He is prohibited from driving for 7 years and has already served a considerable amount of time in custody, which reduced his sentence to 4 months. The reason offenders recieve double time credit for pre-trial custody is because of the horrible conditions and lack of programming, among many others. I feel that the least restrictive sentence should always be used before prison because prison is ineffective for the most part, in accomplishing deterrence of the public and reducing crime rates. That is why I think that this sentence is appropriate.