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Winnipeg Free Press - ONLINE EDITION
Driver spared jail for killing pedestrian
A momentary lapse in attention cost a Winnipeg pedestrian her life – but won’t cause the impatient driver her freedom.
Nance Demelnyk, 43, was given a 30-month suspended sentence on Wednesday after pleading guilty to dangerous driving causing death. She was also handed an 18-month driving ban and ordered to perform 150 hours of community service work.
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"There hasn’t been a day since the accident that I haven’t thought of you and the pain I caused. I think of you every day and pray you’ll find peace. I’m truly sorry," a tearful Demelnyk told the victim’s four children and other family members in court.
Jaswinder Sandhu, 46, died of massive head trauma after being struck by Demelnyk’s car while walking across McPhillips Street at Templeton Avenue in July 2010.
Demelnyk was making a left turn on to McPhillips at a green light, but went around another vehicle which had stopped for Sandhu, court was told. She did not see the pedestrian until it was too late.
Sandhu was pronounced dead on arrival at nearby Seven Oaks Hospital.
"This is a very clear example of how very quickly two families can have their lives changed so dramatically and tragically," said provincial court Judge Rob Finlayson.
Demelnyk has no prior criminal or traffic record and is an otherwise model citizen who suffered from "brief inattention... a matter of seconds", said Crown attorney Vic Bellay.
Witnesses said she took her eyes off the road in front of her to peer into the vehicle of the car she was driving around.
Sandhu was sent flying more than 10 metres through the air before landing on the pavement, according to witnesses. A distraught Demelnyk rushed out of her vehicle and actually cradled the victim while waiting for paramedics to arrive on scene.
The Crown was not seeking a jail sentence and left it open to the court to determine an appropriate punishment for the crime.
www.mikeoncrime.com
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