More than three years later, a Six Nations family is still dealing with the fallout of an accident caused by a drunk driver.
On Feb. 7, 2019, Ashtin Skye, now 26, and a woman in his vehicle were injured in a crash caused by Lucian Damian, 62, then of Hamilton.
Skye is in a wheelchair. He has lost the use of the left side of his body, cannot speak properly and is on constant medication.
In Superior Court in August, Damian pleaded guilty to two counts of operation causing bodily harm and driving while prohibited.
“His dad and I love him so much,” Skye’s grandmother told court during a sentencing hearing.
“However, we really miss the Ashtin that was taken from us that day in February.”
Skye’s mother told court that, in 2019, her son had just finished a three-year apprenticeship program at Mohawk College and loved helping people work on vehicles.
Now, he’s “totally dependent on others for care,” said his mother.
“Everything he ever wanted was cut short as his friends enjoy their lives. Our hearts break watching him struggle with simple tasks.”
Damian, who was convicted in 2010 of impaired driving and, in 2017, of refusing to provide a breath sample, returned from his native Romania to deal with his charges.
Justice Robert Nightingale said the crash, which also injured Damian, was no “accident” but the commission of serious offences.
“Mr. Damian had two previous convictions for drunk driving offences. Those convictions should have served as a wakeup call to Mr. Damian and impressed upon him the danger he posed to others when driving after consuming alcohol.”
Nightingale noted Damian’s blood-alcohol levels were 2 1/2 to three times the legal limit when he drove through the intersection at Third Line and Cayuga roads and directly into the driver’s side door of Skye’s vehicle.
After the crash, a witness saw a bottle being thrown from Damian’s vehicle. Police located an empty bottle of Jack Daniels nearby.
“I cannot turn time back,” Damian told the judge through a translator.
“From the bottom of my heart and soul, I am praying to God for the injured. Unfortunately, I cannot do more than that.”
The Crown and defense agreed on a four-year prison term for Damian.
“The circumstances are tragic,” said assistant Crown attorney Ed Slater.
“I’m keenly aware of what has been taken away from a young man, his family and loved ones.”
Slater said Skye’s life is forever changed.
“Nobody but Mr. Damian is responsible for the choices he made.”
Defense lawyer Cornelia Mazgarean said her client, who has Canadian citizenship, returned to Romania due to trouble finding housing in Canada, But he reached out to her about resolving his charges, she said.
“He came back, knowing he was going to go to jail.”
Damian is dealing with several health issues and walks with a cane or walker.
“On the day of the offense, he was drinking excessively,” said Mazgarean.
“He wishes to go back and change things but, unfortunately, he cannot. He often breaks down, crying, thinking about what he has done to the families.”
Nightingale sentenced Damian to four years in prison and ordered a maximum driving prohibition of 10 years.
@EXPSGamble