Sentencing for a B.C. man whose "erratic" and "dangerous" drunk driving severely changed the lives of four people concluded in Penticton court on Friday, revealing details behind the crash.
Silous Paul, a 22-year-old South Okanagan resident, was sentenced to nine months in jail followed by one year probation and a three-year driving prohibition.
The judge prefaced her decision by explaining her sentencing on the tragic event and the lives of the victims changed by a thoughtless and selfish act.
“The harm done to the victim is incalculable. They have all shown remarkable courage and resilience,” she said.
“Were it not for Mr. Paul's youth, his status as a first time offender, his guilty plea, what I find is his acceptance of responsibility in his remorse, I might have had hesitation in accepting the joint submission.”
The proposed joint submission from Crown and defence council was accepted, along with probationary terms. Paul had previously pleaded guilty to a single count of dangerous driving causing bodily harm.
Paul caused a two-vehicle crash in 2017 along Vaseux Lake on Highway 97, after hearing upsetting news about his cousin committing suicide and rushing to Penticton from the South Okanagan, according to the Crown.
Crown detailed the incident of that day, July 21, 2017, at 8:26 a.m. A witness reported an erratic driver to police weaving in and out of traffic on Highway 97.
The vehicle description matched the car Paul was driving, a white Chrysler 300.
The caller saw Paul’s vehicle crossing over the double yellow line trying to pass the vehicle in front and crossing into oncoming traffic, where they had to swerve off the road to avoid being hit by Paul.
At 8:28 a.m. police were notified by dispatch that OnStar had reported a two vehicle collision, with four people trapped inside a GMC Sierra, and one of the vehicles was on fire.
The incident closed Highway 97 at Vaseux Lake, about 12 km south of the junction with Highway 3A, due to the major car accident.
The corner where the incident had occurred was a sharp blind corner, with a 40 km per hour limit
An analysis report later completed and found that Paul’s vehicle was outside of its lane of travel and impact happened when he crossed into the oncoming lane.
The GMC was estimated at driving between 29-43 km/hr, while Paul's car was travelling between 55-82 km/hr heading around the turn.
At the time of the accident, there were sunny clear skies and good visibility in the area.
The constable who attended the scene arrived at 8:38 a.m. and stated the accident was assessed with a number of occupants stuck inside one of the vehicles.
Four victims were in the truck that was struck, suffering serious injuries. The passenger in Paul’s car was also injured.
When the constable checked in on Paul, he detected an odour of alcohol on his breath and an empty liquor bottle in the rear of the car.
At the time, court heard, Paul shook his head when asked for his name and again when asked for his license and registration, but he was later identified.
After being taken to hospital, he admitted to consuming alcohol before the incident.
Paul also had an "N" new driver license, which prohibits any alcohol in the body while driving. His blood sample was reported at twice the legal limit.
Defence counsel explained that Paul had partied the night before with friends and woken that morning to the news of his cousin’s suicide. Against better judgement and grief-stricken, he drove up to Penticton as quickly as he could.
“He didn’t set out to drive that morning,” defence said.
Injuries to the other car passengers were severe, including fractured bones, a cracked sternum, dislocation, broken ribs, torn ligaments and a spinal fracture which resulted in a woman becoming a quadriplegic.
The group was on holiday in the Okanagan when they were caught in the accident.
“I’m forced to live a life lit with a lingering set of frustration ... All personal dignity, privacy and modesty are completely gone,” one victim, who is now a quadriplegic, said, appearing by video call to the court.
She explained along with the emotional impact, lifestyle and activities changes she had to make, her relationship with her husband, who is now a full time caretaker for her, will never be the same.
“I feel self conscious of my body and my medical equipment, my life as an equal partner ... is completely gone.”
Paul addressed the court before sentencing, apologizing for his actions.
“I did a thoughtless act that did a great deal of harm to other people, I am sincerely sorry.”
The judge ordered probation terms including an alcohol prohibition outside of Paul’s home, mandatory counselling programs, 50 hours of community work service in nine months of the period of probation and participation in a Restorative Justice Program, as Paul is a member of the Osoyoos Indian Band.
“It will be my hope that your community work, although not mandatory, will be in the area of rehabilitation services so you can come to have an even better appreciation for the harm your actions have caused in this case.”
“I understand that this was a mistake on your part, you’re not one of the offenders we see in court that lead criminal lifestyles...and I do hope that you have learned.”
“And to the victims, you have my deepest sympathies, nothing will bring back the life you had before July 21, 2017.”
