A Port Alberni man has been sentenced to five years in prison and received a 15-year driving ban after pleading guilty to criminal negligence causing the death of the father of three young children, who are now orphans.
The children's mother had died a little over a year before the July 30, 2007, crash that killed their father, Roy Edward Leno.
Trevor Rene Jones, 34, himself a father of three young sons, had three times the legal limit of alcohol in his blood as he drove south on the Pat Bay Highway. Midway between Mount Newton Cross Road and Island View Road, Jones's truck slammed into the back of Leno's Pontiac Firefly. Leno, 48, who was not wearing a seatbelt, flew out of the car and was fatally injured.
He died three days later.
The crash closed the highway for 10 hours.
Crown prosecutor Robin Baird entered victim-impact statements from Leno's children into the court record.
"Why were you drinking and driving?" asked 11-year-old Brittany.
"That was the only parent I had left that you killed and I really miss him. When I first heard that you (a drunk driver) hit my dad in his car I instantly hated you especially when he died."
"Now I don't have a Mom or dad," wrote Leanne, 8. "Why were you drinking and driving?"
The children are now living with Leno's sister, Brenda. In her statement, she wrote that the children suffered from nightmares and cried every day for months.
"Leanne and Troy (age 9) have become very worried that when I go out that I may be killed by a drunk driver," she wrote.
Victoria provincial court Judge L. Wayne Smith said a lengthy imprisonment was necessary to reflect the sentencing principles of denunciation, deterrence and protection of the public.
"The value of human life is priceless. The loss of the deceased father to his three young children, now orphans, is immeasurable. This is something that you, Mr. Jones, will have to bear for the rest of your life, the knowledge that you tragically ended the life of a fellow human being."
Jones, who was supported in court by his mother, stepfather and brother, unfolded a piece of paper and read an emotional apology to members of Leno's family, including his mother June and his sister Brenda.
"I want to start off by saying how sorry I am for all the pain and heartbreak I have caused for ending Mr. Leno's life. I'm sure he's greatly missed. Never before have I put anyone in harm's way. I deeply, wholeheartedly apologize," said Jones, wiping away a tear.
"This is the worst possible thing I could have done to another human being. Maybe one day you can forgive me for the pain I have caused."
Witnesses told police that the truck driven by Jones was swerving all over the road, crossing the solid white line then swerving onto the shoulder.
One witness told police he saw Jones lie down on the front seat of the truck while he waited at a red light at Mount Newton Cross Road.
When the light turned green, Jones sat up again, put on his seatbelt and raced off.
Frightened drivers tried to get away from Jones, who was swaying in the cab of his truck as it swerved across the lanes.
Police estimated Jones was travelling at 108 to 120 km/h in an 80 km/h zone when he slammed into Leno's vehicle.
