Tag: crime

An Ontario judge sentenced a man convicted of dangerous driving causing death and bodily harm to two years of house arrest after he killed a 12-year-old girl and left her mother requiring around-the-clock care.

Justice Gethin Edward rejected the Crown’s request for a four-year penitentiary sentence for 31-year-old Darris James Wilson.

Wilson was driving approximately 90 km/h in a 50 km/h zone when his Dodge Ram crossed the centre line and struck a Mitsubishi head-on near Oakland, Ont., in February 2022. Investigators found no evidence that Wilson braked before the collision.

The crash killed Sierra Beverly, who was being driven to a sleepover, and caused her mother, Naomi Beverly, multiple fractures and an acquired brain injury. Beverly now requires 24-hour supervision.

Police found open and unopened beer cans around Wilson’s seat, although responding officers said they observed no signs of impairment.

Edward acknowledged more than a dozen victim impact statements describing the family’s grief but placed significant weight on Wilson’s Indigenous background and the effects of colonialism on his connection to Six Nations culture.

The judge heard from a sentencing circle of Wilson’s relatives and supporters and credited his efforts to reconnect with traditional practices following the crash.

Edward said sending Wilson to prison would once again allow the state to take away the culture that had been “systematically” taken from his family by the Canadian government.

“I’m left with this simple refrain: ‘If not now, when. If not this case, what case?’” Edward said. “Now, and this case.”

Wilson will serve two years of house arrest at a Brant County residence while wearing a GPS ankle monitor. He may leave for work, school, church and medical appointments. He is prohibited from driving, consuming alcohol or using non-prescription drugs.

Sierra’s parents called the sentence deeply disappointing and said it felt inadequate after four-and-a-half years of waiting for justice.

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An Alberta judge criticized prosecutors for permitting too many relatives and family friends to address the court after a carjacker high on meth killed a nine-year-old Calgary girl, according to a story first reported by the National Post.

Justice Indra Maharaj made the remarks while sentencing Duane Nepoose to 10 years in prison for the Boxing Day 2024 death of Victoria Desjardins.

Nepoose had violently stolen a Dodge Caravan and was fleeing police when he drove through a red light at approximately 170 km/h. The resulting collision killed Victoria and seriously injured her mother, sister and another woman.

He pleaded guilty to robbery, fleeing police, dangerous driving causing death and three counts of dangerous driving causing bodily harm.

Twenty-two victim impact statements were submitted, with 18 presented to the court. Maharaj described their number, scope and content as “unusual.”

The judge said statements from Victoria’s immediate family and other direct victims were useful but questioned submissions from aunts, uncles, cousins and family friends. Some portions were disregarded because they described the hospital scene or memorialized the child.

Maharaj also admonished the Crown for allowing three of Victoria’s young cousins to present individual statements about losing her. She suggested their experiences could have been condensed into a single community impact statement delivered by an adult.

“While I accept that these young relatives were genuinely affected, their statements largely addressed the broader family and community impact of the death,” Maharaj wrote.

The judge similarly said a heartfelt statement from Victoria’s babysitter “tended toward a memorial” and could have been included in a collective family statement.

Under the Criminal Code, victim impact statements may describe the physical, emotional and financial consequences of a crime. Courts may exclude irrelevant, inflammatory or prejudicial material, but the law does not require extended families to consolidate their grief into a single statement.

Victoria was remembered as an outgoing and creative girl who loved nature and the outdoors.

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