EDMONTON JOURNAL
ALBERTA - Four years after her daughter was killed in a car crash, Mary Anne Elliot received her chance in court to talk about the sadness she has lived with since that Wednesday morning.
Elliot looked at Christopher James Penner in the prisoner's box, the man who was behind the wheel when Melissa Elliot died.
"All of our lives have been ripped apart by a careless, selfish decision by you, Chris," she said through tears. "Many nights I go to sleep crying and wake up crying. Our family has been cheated out of a full life with Melissa, we've been given a life sentence of loss."
RELATED
Alberta man convicted in fatal crash near Morinville
Melissa Elliot and three children were passengers in Penner's car on July 17, 2005, when the crash happened on Highway 44 west of Morinville. Witnesses and police investigators testified the car was going 160 km/h when it lost control, spun off the road, went airborne and hit a tree.
"It passed us out of control like we were standing still," testified witness Douglas Van Lohuizen.
Melissa Elliot was pronounced dead at the scene.
In April, Penner, 27, was convicted of dangerous driving causing death.
In court Wednesday, Penner stood and apologized to Elliot's family.
"I loved Melissa," he said. "I was going to marry that girl. I don't know what happened that day. I wish I did."
Penner has said he doesn't remember anything about the crash that day (Typical defense. These assholes are cowards - Editor).
Crown prosecutor Euan Gilmour argued Penner should be sentenced to 18 months of "real jail," and a five-year driving prohibition.
Although Penner will live with Elliot's death for the rest of his life, Gilmour argued, any lesser sentence will not act as a strong enough deterrent.
Defence lawyer Jason Thomas argued for a conditional sentence of house arrest, counselling and community service. He brought up his client's otherwise clean driving record and lack of criminal record.
"This was a moment in time when Mr. Penner made a very poor choice," Thomas said.
At the time of the accident, the Criminal Code allowed for conditional sentences in such cases. The code has since been changed, and a conditional sentence would not be allowed if a similar accident occurred now.
Penner was seriously injured in the accident, which totalled the 1991 Oldsmobile he was driving.
Penner had not been drinking at the time, and road conditions were not a factor. He, Melissa and the children were on their way to a barbecue at the Elliot home when the accident occurred.
Court of Queen's Bench Justice Andrea Moen will sentence Penner on Sept. 16. He is not in custody.
Thursday, July 09, 2009
'Our lives have been ripped apart' - Mother of woman killed in car crash confronts driver in court sentencing hearing
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