The entitled behaviour of a Norfolk man — and all drunk drivers — was thoroughly criticized in Simcoe Court by an appalled judge who denounced the convicted man’s choice to drive with roughly four times the legal limit of alcohol in his blood.
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Justice Gethin Edward said the victim of Sean Stewart, 54, went for a motorcycle ride on a beautiful spring day before Stewart “ploughed into him” from behind.
“His injuries will continue for the rest of his life because of your irresponsible, selfish, neglectful, arrogant attitude, knowing you’re an alcoholic and thinking you could still drink that much and get in your vehicle,” said Edward.
The collision took place on April 13, just after 6 p.m. on Fourteenth Street West, when Stewart, who had been passed by his biker victim, followed the man and hit the biker as he was turning left from the road.
The biker, a sports-playing 55-year-old from Norfolk, was 20 seconds from his destination when he was slammed from behind by the company vehicle, tossing him 150 metres through the air and causing multiple serious injuries from which he may never fully recover.
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He was airlifted and resuscitated before spending three weeks in a coma and three months in hospitals.
The man was left dealing with head trauma, facial fractures, a brain bleed, broken teeth, a broken neck, an aneurysm, broken ribs, and underwent multiple surgeries to his neck, spine and pelvis.
In a victim-impact statement, the man listed the physical, emotional and financial issues he’s faced since the collision.
“Whatever the reason — alcohol, speed, following too close or whatever Sean Stewart tells himself to sleep better at night — is between his conscience and God.
“I hope we both find our peace to make ourselves better,” the man wrote.
The judge said Stewart knew he had a serious alcohol problem, but “it didn’t diminish his belief he was entitled to drive.”
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And, said Edward, it was highly likely he had driven while impaired on other occasions but hadn’t caused another tragedy or been caught.
Defense lawyer Shawn Swarts told Judge Stewart’s arrogance had been “thoroughly shattered” by the incident and he will pay various penalties in the coming years
“I’m truly sorry for what I’ve done,” Stewart told the judge. “I know that doesn’t fix anything.”
Edward said he learned the OPP have ramped up how roads are monitored due to a spike in impaired driving causing bodily harm.
“It’s becoming more problematic. I thought we had a handle on this with education in schools that was supposed to wake people up, but it doesn’t seem to have sunk in for way too many people.”
While Swarts asked the judge to consider a sentence of 12 to 16 months in prison, assistant Crown attorney Lynette Fritzley said 18 to 24 months was appropriate.
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“When officers stopped him, he was heavily impaired and, with blood-alcohol readings over 300 (the legal limit is .80), how he could even find his car, let alone get in it and drive is surprising.”
Fritzley noted that Stewart is working on his alcohol problems but is “still drinking.”
“You were in a weapon,” the judge told Stewart. “You operated that weapon and caused untold harm with that weapon.”
Edward sentenced the man to the top of the range, saying there were few cases worse, giving him two years less a day, plus three years on probation, and recommending a prison that specializes in alcohol addiction.
@EXPSGamble
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