A 19-year-old Sylvan Lake driver found guilty of seriously injuring a pedestrian was sentenced to 10 months in prison in Red Deer provincial court on Wednesday.
In May, provincial court Judge Bart Rosborough found Kyle Brian Carver guilty of driving over .08 causing bodily harm in connection with a 3 a.m. incident on March 17, 2012. Brittany Ellison, now 26, of Sylvan Lake, was severely injured after she was struck by a northbound truck on 52nd Avenue near 48th Street in Red Deer.
Ellison had been partying with four friends and they were walking to a downtown restaurant where they arranged to meet a cab when the collision occurred.
Carver was also at Red Deer nightclubs. He was driving home to Sylvan Lake with a friend when he struck Ellison in the well-lit and marked crosswalk and just missed hitting one of her friends.
Ellison’s friend ran after Carver’s truck, which was stopped at a nearby red light. He banged on Carver’s window, told him he hit Ellison and struck Carver several times in the face. Carver sped away, heading the wrong way down a one-way street, and continued on to Sylvan Lake. He was arrested before he got home.
Crown prosecutor Maurice Collard wanted a 15-to-24-month prison sentence and a five-year driving prohibition.
Defence lawyer Peter Northcott, of Edmonton, asked for an 18-to-24-month sentence to be served in the community. If jail was necessary, he recommended for six months.
Northcott said his client had little experience with alcohol and didn’t realize he hit someone in the crosswalk.
Collard argued Carver was not eligible for a community sentence as it was a serious personal injury offence.
He said Carver had a blood alcohol level almost double the legal limit. He did not slow down or brake at the scene and drove away.
“This was not an accident. It’s a crime,” Collard said.
Rosborough agreed that Carver should serve his time in prison.
The judge said while Carver accepts full responsibility for drinking and driving in the pre-sentence report, he did not believe he was impaired.
Aggravating factors in sentencing included his high blood alcohol level at .16, failing to get help for Ellison and the extent of her injuries.
Rosborough said this was a serious example of drunk driving, which is a grave social problem in Alberta.
Ellison suffers from chronic pain from the titanium rod placed in her femur, walks with a limp and still requires weekly physiotherapy. She said she’ll hurt the rest of her life.
She suffered four skull fractures and brain damage that has left her with headaches.
“My anxiety is big. I get anxious crossing the road. I feel lost, broken, scared, confused,” said Ellison, who cried as she read her victim impact statement in court.
She said she has several scars from her injuries, including a large scar on her neck from a tracheostomy.
She can’t enjoy fun family activities anymore, like quadding, because they cause her pain, she said.
“I feel marked up and weak. I really don’t have a life anymore. I can’t do anything.
“I wish I could have my old life back.”
When asked if he wanted to address the court, Carver said he was sorry.
“I don’t ever plan on drinking again. Nothing good comes from it,” Carver said.
Carver was also sentenced to two years probation and is prohibited from driving for three years.
szielinski@www.reddeeradvocate.com