Corey Smith sentenced 19 months for dangerous driving crash

Source: The Daily Observer

ONTARIO - The driver who collided with the back of a stopped car seriously injuring a Petawawa teenager has been sentenced to 19 months in jail for his part in the Labour Day weekend crash.

Corey Smith, of CFB Petawawa, pleaded guilty Wednesday in Pembroke provincial court to dangerous driving causing bodily harm, failing to remain at the scene of a collision and obstructing justice.

Silently sitting in the prisoner's docket, the 20-year-old soldier listened as Justice Robert Selkirk also imposed a four-year driving prohibition and two-years probation which will follow his jail sentence.

Crown attorney John Pepper laid out for the court the circumstances that surrounded the collision at the intersection of Doran Road and Petawawa Boulevard on the night of Sept. 5.

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Grant Noecker, 18, had left his Selkirk Street home and was heading to the base to pick up a friend.

The Fellowes High School student had proceeded up Doran Road to the signal lights where he stopped at a red light and was preparing to make a left turn when he was struck from behind by a car driven by Mr. Smith.

Mr. Pepper said the eyewitnesses estimated Mr. Smith was travelling up to 100 kilometres an hour.

The Crown said one motorist driving along Doran Road told police he was forced to pull up onto a front yard lawn to avoid a collision with Mr. Smith.

The force of the impact was such that the licence plate from Mr. Smith's car was imprinted in the rear rubber bumper cover on Mr. Noecker's vehicle.

After the crash, Mr. Smith left his wrecked car fleeing on foot.

A number of witnesses pursued the accused and wrestled him to the ground where they held him until police arrived.

Mr. Noecker was rushed to Pembroke Regional Hospital and then airlifted to the Ottawa Civic Campus.

Doctors found he had sustained serious head injuries resulting in brain damage.

During the arrest, police noticed an odour of alcohol coming from Mr. Smith. He also had bloodshot eyes and slurred speech.

Suspecting his driving was impaired by alcohol, police ordered the accused give a breath sample. At that point, Mr. Smith slumped over in the police cruiser.


Paramedics checked him and determined he was fine.

While he was being escorted to the local OPP detachment, Mr. Smith told investigating officer Constable Clem Paradis he "just wanted to go through the green light," Mr. Pepper said.

At the detachment, Mr. Smith again became unresponsive when asked to give a breath sample.

Paramedics were called and he was taken to Pembroke Regional Hospital.

During the trip, Mr. Smith was seen removing his oxygen mask and finger monitor, however, noticing an officer in the ambulance, he acted unconscious. Physicians later told police Mr. Smith was fully capable of giving a sample.

Mr. Pepper said technicians inspected Mr. Smith's vehicle and found that all the car's mechanical functions worked properly He added Mr. Smith's vehicle was spotted that evening driving in "a fast and alarming fashion" as far away as Cobden.

Two cans of beer were later found inside his vehicle.


At the time, Mr. Smith was on probation for a previous conviction. Those probationary conditions stated he was not to purchase or consume any alcohol.

Mr. Smith's lawyer James Foord admitted the facts adding it was a very serious offence.

He asked for a sentence ranging from 22 months to two years less a day indicating his client is youthful and can still be rehabilitated.

He indicated Mr. Smith's career in the military could be in jeopardy because of his actions.

However, Mr. Pepper said the accused had demonstrated a callous disregard for what he had done in attempting to flee the scene.

He had also placed a call from the Ottawa Carleton Detention Centre but left the message at the wrong phone number.


The witness came forward with a recorded message from Mr. Smith where he tells his friends to deny that he had been drinking that night.

"There's much to denounce here and much to be deterred," said Mr. Pepper.

Delivering a victim impact statement on behalf of Mr. Noecker, who sat quietly in the court watching the proceedings, Shelley Noecker called her son a typical teenager who was just going to out with his friends on a Saturday night.

She said he didn't have a chance to react or get out of the way before Mr. Smith's vehicle plowed into his car.

When she arrived at the crash scene, she recalled seeing debris from her son's car spread all over the road.

"It made my heart drop to my feet," said Ms. Noecker adding police told her her son had been rushed to the hospital. "I didn't have a clue how bad he was. I was terrified he would be gone."

Doctors said Mr. Noecker had suffered a tear at the base of his brain and cerebral cortex and a left temporal contusion.

He also sustained a bilateral subdural hematomas, or bruising to both sides of the brain, and two grade three diffuse axonal injuries.

Ms. Noecker said her son has regained the ability to walk and can feed himself using his right hand.

"The doctors are amazed. He is definitely beating the odds," she said. "My son was an innocent victim in all this. He is a fighter and he is determined to make a full recovery."

Before receiving his sentence, Mr. Smith addressed the court saying he ran from the scene because he was scared. He then turned his attention to the Noecker family.

"All I can do, Grant, is apologize. I never wanted this to happen. I feel horrible for what I did," Mr. Smith said, his voice breaking. "I pray for you every night and that you will heal. I am ashamed about what I did and I will never forget this."

Justice Selkirk had sentenced Mr. Smith to two years less a day in jail, however, he subtracted five months to recognize his time in pre-trial custody.