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Drunk-driving victim’s family, friends speak about loss

One-by-one, 20 times over, Duane Francis Pearson's family and friends struggled through their victim impact statements at Prince George court Friday. Pearson was fun-loving. Pearson was kind. Pearson was goofy, caring, compassionate and honest.

One-by-one, 20 times over, Duane Francis Pearson's family and friends struggled through their victim impact statements at Prince George court Friday. Pearson was fun-loving. Pearson was kind. Pearson was goofy, caring, compassionate and honest. He was a family-man and when he died at age 46, victim to a drunk driver, they spoke of how their lives changed.

"He was a light as bright as the sun itself," said his younger sister Andrea by video.

"The world lost one of the good guys."

Even before the sentencing hearing started for Christopher Clayton Scott McGuiney, soft sobs cut the quiet of the courtroom. McGuiney, 31, pleaded guilty in February to one count of impaired driving causing death in a collision just outside of Fraser Lake. The Crown is seeking four years in prison and a 10-year driving ban.

Pearson
Duane Pearson with his daughter Emily. - handout photo

"It makes me sick to my stomach that this could have been prevented," said Shauna Baker, Pearson's stepdaughter.

McGuiney is a repeat offender when it comes to driving infractions. He's been convicted twice for drunk driving, in 2006 and 2007; and the latter had an added count of driving while disqualified. At least one other time, in 2005, he was handed a 24-hour driving prohibition for suspicion of alcohol consumption. He has a raft of 10 other driving prohibitions or suspensions for various reasons, for differing lengths of time. In December 2015 he breached a court order.

"What you're seeing is... he doesn't comply with his privilege to drive," said Crown counsel John Cliffe.

On Jan. 17, 2014, Pearson was less than one minute from clocking in for his night shift at West Fraser Timber after a five-hour drive from his home in 100 Mile House.

Meanwhile McGuiney had been partying with friends at a nearby house and the three Fraser Lake residents were headed to Spike Pub in Fort Fraser. At around 8:26 p.m. McGuiney crossed his lane on Highway 16, smashing the driver's side of Pearson's SUV so the Ford 350 was perpendicular to the road.

"It looked like a hunk of scrap metal," said Shannon Baker, Shauna's twin.

She said she can't stop envisioning those minutes before her father's death.

"I thought about his injuries."

Pearson suffered two broken legs and internal damage so severe he died at the scene.

"I picture my dad being struck by the truck. I pictured his legs breaking.... I thought about how the driver walked away from the scene unharmed."

McGuiney's blood alcohol was well over the legal limit and likely between 192 and 214 milligrams of alcohol per 100 millilitres of blood. Impairment begins at 50 mg, court heard.

At the scene officers said he was "agitated, pacing and concerned" and later he moved from "indifference to crying."

Most of the family relived the moment they learned Pearson was dead, after 2 a.m., when they heard pounding on the door, or the sharp ring of a phone far too early for good news.

"In the wee hours of that morning something died inside me," said Pearson's mother Grace. She spoke of stolen moments, especially for his youngest daughter Emily, who was 15 when he died.

"You killed my son. You had no right to be driving that night," said Grace addressing McGuiney.

Just a few months before, on News Years Eve, Pearson proposed to his girlfriend. They were planning to move to Smithers to share a home with his mother, who was struggling after the loss of her husband just the year before.

Each family member spoke of a special connection with Pearson, though many spoke of the strong bond between Pearson and his big brother, and the hunting and fishing adventures with his three nephews.

Pearson
Duane Pearson and his nephews Matthew, Nicholas and Jaden - handout photo

"He taught me so much about life," said Nicholas, 17. He was composed before the judge, but a short while later during the break he sat on the court steps, head buried in his hands.

Some of the family members have since started up a Facebook group called Fraser Lake Designated Drivers, a move they say would make Pearson proud. It has 722 members.

Defence has not yet offered its submissions. Court heard the range for this offence is typically between 18 months and eight years, though it can carry a maximum penalty of life in prison.

McGuiney's sentencing hearing will continue next week.