‘My dad lost his life’: Family reacts to 7-year prison term for wrong-way impaired driver

An Oshawa, Ont., judge has sentenced a man to 7 years successful situation and a 14-year driving prohibition aft he drove impaired and astatine excessive velocity nan incorrect measurement down Highway 401, sidesplitting 1 personification and earnestly injuring personification else.

Shamar Gilkes, retired connected bail since 4 days pursuing nan crash, was taken into custody astatine nan Oshawa courthouse Wednesday aft Ontario tribunal Justice Peter West imposed nan sentence.

The Crown lawyer asked nan judge to see an eight-year situation sentence, while Gilkes’s defence lawyer suggested a four-year situation sentence.

“I admit this is simply a agelong sentence. Your behaviour was exceedingly egregious,” West told Gilkes earlier nan first-time offender was handcuffed and led retired of nan courtroom to statesman serving his time.

On Dec. 30, 2022 astir 5 a.m., Gilkes drove eastbound onto a westbound off-ramp successful Pickering.

Video obtained by constabulary from nan Liverpool Road overpass shows a conveyance travelling nan incorrect measurement down nan westbound lanes.

A civilian firefighter saw Gilkes’s conveyance and called 911. The video shows Gilkes driving by a group of westbound vehicles that tin beryllium seen flashing their headlights astatine him. He did not use his brakes until half a 2nd earlier colliding pinch a Honda Civic being driven by Hassan Chaudhry, sending nan Civic into a barrier.

Moments later, Gilkes’s BMW X3 collided pinch nan Volkswagen being driven by Danyang Song. The BMW mounted nan Volkswagen earlier nan BMW landed connected its roof.

Song, a 57-year-old hubby from Whitby and begetter of 3 who was connected his measurement to activity arsenic a plumber, died astatine nan scene.

Chaudhry was taken to infirmary successful captious but unchangeable information wherever he was treated for a surgery femur and fractured pelvis, among different injuries.

Court heard Chaudhry underwent six surgeries and spent astir 4 months successful hospital. Gilkes was besides taken to infirmary aft nan crash. He was triaged earlier being arrested for impaired driving causing decease and bodily harm.

In his reasons for nan sentence, West listed galore aggravating factors, including nan truth Gilkes’s humor intoxicant attraction was 145 milligrams of intoxicant per 100 millilitres of blood, aliases adjacent to double nan ineligible limit astatine nan clip of nan crash.

In a remark to his probation officer, West said it raised immoderate concerns that Gilkes was incapable to supply an mentation arsenic to why his humor intoxicant level reached truthful high.

“It should besides beryllium noted that a tequila bottle, nan size not provided, which had only one-third remaining, was located successful nan BMW,” West said. “The beingness leads to nan conclusion that he was consuming it while operating nan BMW.”

West said it was besides aggravating that Gilkes drove onto a intelligibly marked-off ramp from Highway 401 contempt galore signs and roadworthy markings. He besides said that astatine nary clip did Gilkes use his brakes until half a 2nd earlier nan crash.

“Gilkes showed a complete disregard for different drivers connected nan roadworthy — drivers who were trying to get him to propulsion over,” nan judge said.

Speed was different aggravating factor. Just 5 seconds earlier impact, Gilkes was travelling astatine 138 km/h and had been travelling 1.9 kilometres successful nan incorrect guidance for astir 45 seconds.

Just half a 2nd earlier colliding pinch Chaudry’s vehicle, he braked and reduced his velocity to 124 km/h.

“This velocity was highly vulnerable showing an utmost disregard for motorists who were flashing their headlights astatine him,” West said.

Mitigating factors included nan truth Gilkes had nary anterior criminal record, though West noted he has 5 Highway Traffic Act convictions, including 4 for speeding.

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Gilkes has besides attended 24 sessions for addictions counselling since Dec. 30, 2022 and successful his elocution missive says he hasn’t consumed intoxicant since that day. Gilkes pleaded guilty, accepting work for his actions and has besides shown he is remorseful.

“If he had not consumed intoxicant successful excess and gotten into his BNW X3 and driven nan incorrect guidance connected Highway 401, nary of what happened would person occurred,” West concluded, saying nan defence position of 4 years successful situation does not adequately reside deterrence and denunciation and fails to admit nan superior gravity of nan offences and Gilkes’s civilized blameworthiness.

“The truth location was only 1 death. It was sheer luck. It was miraculous that others did not dice fixed nan velocity Mr. Gilkes was driving,” West said, pointing retired nan seven-year condemnation must clasp him accountable for his criminal behaviour and nonstop a connection to others.

“He drove aft drinking alcohol, astatine nan velocity he did successful nan incorrect guidance connected nan 401. He knew it would consequence successful decease aliases superior debilitating injuries to guiltless drivers.”

West sentenced Gilkes to 5 years successful situation for some impaired driving causing decease and vulnerable driving causing death, to beryllium served concurrently. He sentenced Gilkes to 2 years successful situation for nan impaired driving causing bodily harm complaint to beryllium served consecutively pinch nan five-year condemnation for a world condemnation of 7 years. He besides noted that nan 14-year driving prohibition originates now.

Outside court, Song’s family expressed alleviation that sentences for impaired driving are increasing, based connected nan judge’s comments, but says it doesn’t return distant their pain.

“My dada mislaid his life and he still gets to person a 2nd chance. I can’t really opportunity that I’m happy pinch it but I’m still gladsome that these sentences are going up,” said Zehan Song, Danyang Song’s son.

Song’s girl is urging nan nationalist to telephone 911 if they spot a suspected impaired driver and is begging group to extremity their friends from driving impaired.

Gilkes’s pre-sentence study ne'er mentioned wherever he was earlier he drove nan incorrect measurement down nan highway.

“Was he pinch friends? Was location personification who whitethorn person witnessed this? If they had said thing earlier they sewage into nan car, would this person changed everything?” asked Jilly Song, Danyang Song’s daughter.