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05-31-2015, 06:31 PM
Vice-principal fined for collision that killed Calgary man in crosswalk
DARYL SLADE, CALGARY HERALD
More from Daryl Slade, Calgary Herald
Published on: May 27, 2015
Last Updated: May 27, 2015 5:43 PM MDT
A Calgary Catholic school vice-principal wiped away tears as she was fined $2,000 on Wednesday after pleading guilty to failing to remain at the scene of a collision at a southeast crosswalk that killed 26-year-old city man Jaron Giesbrecht.
Julia Marie McMillan, 42, of Chestermere and formerly of Calgary, also was prohibited from driving for three months for the offence under the Traffic Safety Act.
Provincial court Judge Cheryl Daniel imposed the maximum penalty after she accepted the plea deal between Crown prosecutor Brian Hadford and defence lawyer Michael Bates.
McMillan had faced a charge of hit and run causing death under the Criminal Code in connection with the vehicle-pedestrian crash at 17th Ave. and 31st St. S.E. on Oct. 16, 2013, but it was withdrawn.
“There’s no other way to describe this than tragic,” Daniel told McMillan. “A family has lost a son at the age of 26, just at a time when he could have been entering into relationships and work situations to make him happy and fulfilled.
“As a consequence of what you did, he is dead. They have lost whatever future they had with him. I’m sure you can identify with this as you have three children. They must be devastated and cannot bring him back.”
Roland Giesbrecht, the victim’s father, said he was not pleased with the reduced plea and sentence.
“I don’t understand how you can be involved in a hit and run, leave and hide,” he said from his home in British Columbia. “I find that pretty cowardly that she left my son there. If I hit someone I’d stop. I’d do that for animals, but she decided to take off.”
Bates said his client was saddened by the event and has a great appreciation of what occurred, however, he said the circumstances of the case were very close to not having any offence at all.
He said she did stop at the scene, then went knocking on doors in the area for help before driving home.
“Had she returned after ringing doorbells there would have been no offence at all,” Bates said. “Or if she had left behind a phone number before driving away, there was no offence.”
Bates said McMillan was suspended with pay and not assigned any duties after initially being charged. He was not certain what her work status would be now.
Earlier, Hadford said McMillan was driving 62 kilometres per hour in her 2008 Ford Escape eastbound on 17th St. on her way home from a poker tournament at a city casino on Blackfoot Trail when she reached the intersection about 2:30 a.m.
The prosecutor said it was raining and the road was wet but there was artificial lighting and the road was clear. He added, however, there was no evidence the overhead pedestrian light was activated when Giesbrecht and a friend were crossing.
“Ms. McMillan struck Mr. Giesbrecht and he went on to the vehicle, with his head striking the bottom of the windshield,” Hadford said, reading the facts of the case. “Mr. Giesbrecht was thrown approximately 32 metres eastbound from the point of collision, coming to rest in the left lane on 17th Ave. eastbound.”
He died at the scene.
Hadford said no witnesses, including the friend walking with the victim, observed the driver prior to the crash.
He described three witnesses who arrived minutes later who saw the driver exit the vehicle and appeared very “incoherent,” “in shock,” “not understanding what was going on” and “in a daze.”
He said the witnesses doubted that she even understood she had struck a person.
The prosecutor said she recognized one of the witnesses at the scene and tried to give him her keys, but he refused to take them.
He said McMillan then said she was parking her car, but then she drove off.
The judge gave her three months to pay the fine.
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Twitter.com/heraldcourt
DARYL SLADE, CALGARY HERALD
More from Daryl Slade, Calgary Herald
Published on: May 27, 2015
Last Updated: May 27, 2015 5:43 PM MDT
A Calgary Catholic school vice-principal wiped away tears as she was fined $2,000 on Wednesday after pleading guilty to failing to remain at the scene of a collision at a southeast crosswalk that killed 26-year-old city man Jaron Giesbrecht.
Julia Marie McMillan, 42, of Chestermere and formerly of Calgary, also was prohibited from driving for three months for the offence under the Traffic Safety Act.
Provincial court Judge Cheryl Daniel imposed the maximum penalty after she accepted the plea deal between Crown prosecutor Brian Hadford and defence lawyer Michael Bates.
McMillan had faced a charge of hit and run causing death under the Criminal Code in connection with the vehicle-pedestrian crash at 17th Ave. and 31st St. S.E. on Oct. 16, 2013, but it was withdrawn.
“There’s no other way to describe this than tragic,” Daniel told McMillan. “A family has lost a son at the age of 26, just at a time when he could have been entering into relationships and work situations to make him happy and fulfilled.
“As a consequence of what you did, he is dead. They have lost whatever future they had with him. I’m sure you can identify with this as you have three children. They must be devastated and cannot bring him back.”
Roland Giesbrecht, the victim’s father, said he was not pleased with the reduced plea and sentence.
“I don’t understand how you can be involved in a hit and run, leave and hide,” he said from his home in British Columbia. “I find that pretty cowardly that she left my son there. If I hit someone I’d stop. I’d do that for animals, but she decided to take off.”
Bates said his client was saddened by the event and has a great appreciation of what occurred, however, he said the circumstances of the case were very close to not having any offence at all.
He said she did stop at the scene, then went knocking on doors in the area for help before driving home.
“Had she returned after ringing doorbells there would have been no offence at all,” Bates said. “Or if she had left behind a phone number before driving away, there was no offence.”
Bates said McMillan was suspended with pay and not assigned any duties after initially being charged. He was not certain what her work status would be now.
Earlier, Hadford said McMillan was driving 62 kilometres per hour in her 2008 Ford Escape eastbound on 17th St. on her way home from a poker tournament at a city casino on Blackfoot Trail when she reached the intersection about 2:30 a.m.
The prosecutor said it was raining and the road was wet but there was artificial lighting and the road was clear. He added, however, there was no evidence the overhead pedestrian light was activated when Giesbrecht and a friend were crossing.
“Ms. McMillan struck Mr. Giesbrecht and he went on to the vehicle, with his head striking the bottom of the windshield,” Hadford said, reading the facts of the case. “Mr. Giesbrecht was thrown approximately 32 metres eastbound from the point of collision, coming to rest in the left lane on 17th Ave. eastbound.”
He died at the scene.
Hadford said no witnesses, including the friend walking with the victim, observed the driver prior to the crash.
He described three witnesses who arrived minutes later who saw the driver exit the vehicle and appeared very “incoherent,” “in shock,” “not understanding what was going on” and “in a daze.”
He said the witnesses doubted that she even understood she had struck a person.
The prosecutor said she recognized one of the witnesses at the scene and tried to give him her keys, but he refused to take them.
He said McMillan then said she was parking her car, but then she drove off.
The judge gave her three months to pay the fine.
[email protected]
Twitter.com/heraldcourt