A man who killed his closest friend “has the ability to be an exceptional person in this community,” a Red Deer lawyer said in outlining his client’s life in the time since the death five years ago.
James Jonathan Carr, 25, was sentenced to time served, which was almost a year of strict house arrest, and had his driver’s licence suspended for three years, which was satisfied by the four years he has been suspended on an original five-year ban when he appeared in Red Deer Court of Queen’s Bench on Wednesday.
Carr pleaded guilty to dangerous driving causing death and dangerous driving causing bodily harm to two other people in the crash that occurred on June 7, 2006, just west of Sylvan Lake on Hwy 11A.
The pickup he was driving with three passengers rolled about 11:30 p.m. Carr’s attention was diverted to the back seat where Blake Levall, 19, of Red Deer, was seated with a female passenger. There was some drinking and Carr admitted to drinking, Crown prosecutor Jason Snider said.
Levall died from head injuries after he was ejected from the back seat. Two passengers were injured.
Carr was driving a minimum of 102 km/h in the stretch, which has a speed limit of 70 km/h. No one wore seatbelts.
Justice Joanne Goss said in sentencing she was impressed by how much support the victim’s parents have shown Carr since the “tragedy.”
“It’s truly moving that the parents of the deceased support you,” Goss said.
“It’s a parents’ worst nightmare. I can’t believe how difficult it must be” for all the families involved, Goss said.
“That says a lot about the support of the parents of the deceased,” she added.
Carr’s lawyer, Will Willms, said Carr was originally convicted of drunk driving causing death following a 2007 trial. He was sentenced in February 2008 to two years less a day under house arrest. He also received one year of probation and a five-year driving prohibition.
The Alberta Court of Appeal ordered a new trial last year after new evidence emerged.
The appeal court says in its decision that evidence showing Carr had suffered a concussion in the accident could have had a bearing on admissions he made after the crash to police.
Willms said the house arrest was “one of the most restricted conditional sentence orders I’ve seen.”
He said his client “is a remarkable young man in many ways.”
He attends college in Edmonton, achieving a high grade point average to date. He hopes one day to earn a certified public accounting degree, Willms said.
“He’s deeply remorseful and this will face him the rest of his life,” Willms said.
Carr is also an exceptional athlete and is considered a top flight senior amateur baseball pitcher.
Goss said in the last five years Carr “no doubt has had much time to reflect on” his actions that night.
She said the joint submission worked out between Snider and Willms came after much deliberation.
“This sentence does meet the principles of sentencing,” Goss said.
Carr declined comment.
Upon acceptance of the guilty pleas, the Crown withdrew the other charges.
jwilson@www.reddeeradvocate.com