'Her sense of guilt is enormous'

BORIS MINKEVICH / WINNIPEG FREE PRESS ARCHIVES Enlarge Image

Lucy Muthoka

An inexperienced Winnipeg driver who accidentally hit the gas pedal instead of her brake offered a tearful apology to the families of two pedestrians she killed in a chaotic downtown crash.

Lucy Muthoka, 52, was handed a two-year suspended sentence with probation Friday after pleading guilty to dangerous driving causing death for the June 2008 incident near the intersection of Donald Street and St. Mary Avenue.

William Halcrow, 57, and James Ross, 58, were killed instantly after being hit by Muthoka's Subaru Forester. The two friends were from the Cross Lake reserve in northern Manitoba and were in Winnipeg for medical treatment.

"God being my witness, I never intended to harm. Words fail to express how sorry I am," a tearful Muthoka told a large courtroom gathering, which included family and friends of the two men. "I am more sorry than the world will understand. I will continue to pray for the healing of everyone affected by this. May God meet the needs of everyone whose lives were changed."

Crown attorney Zane Tessler said Muthoka was an "infrequent" driver who had just completed five refresher courses after purchasing a new car. She had placed a "novice driver" warning sign at the back of the vehicle.

Her driving instructor later told police she wouldn't have had the skills to pass a driving test following her first lesson, but likely would have following completion of the course.

While exiting the Millennium Library parkade just after 4:30 p.m., Muthoka suddenly accelerated rapidly, striking several vehicles and people at the crowded intersection during rush-hour traffic. Muthoka also went up on the sidewalk and hit a fire hydrant, which caused hundreds of litres of water to quickly flood the area. That hampered the police investigation because it was difficult to recreate the scene and figure out the sequence of events.

Several witnesses -- who narrowly avoided being hit -- tried frantically to revive the two gravely injured men lying in the rapidly rising waters, as did firefighters and paramedics. A third man was pinned between two cars and suffered serious injuries, as did the drivers of two other vehicles.

"The degree of resulting carnage was substantial," Tessler said.

Muthoka wasn't intoxicated or distracted by anything such as a cellular phone, court was told. It was a "perfect summer day" with clear skies and dry roads.

Muthoka had no criminal record and is a religious single mother who has spent the past decade working for Agriculture Canada.

She is originally from Kenya and serves as an elder within the local community. More than 30 people filed letters of support on her behalf.

"Her sense of guilt is enormous," defence lawyer Saul Simmonds said. "She goes to sleep at night praying for Mr. Ross and Mr. Halcrow and their families. She wakes up praying for them. This is a decent, honest, hard-working person. It's the nightmare for everyone who gets behind the wheel."

The families of both victims made emotional impact statements in court, describing how both men were loved and respected by their community. They were joined by the Cross Lake chief and council members.

"The pain of loss is excruciating," said Ross' sister, Betty. "To lose someone in such a sudden, unexpected and inhumane way."

Provincial court Judge Brent Stewart said the case was especially difficult given the tragic circumstances, Muthoka's obvious lack of intent and her glowing background. He said no punishment can undo the damage caused or bring the victims back.

"This is not a court of vengeance," said Stewart. Outside court, several family members expressed anger at the suspended sentence and questioned the sincerity of Muthoka's apology.

As part of her penalty, Stewart ordered Muthoka to perform 240 hours of community service and banned her from driving for a 10-year period.

Muthoka also expressed a desire to meet with the families of the victims and make a charitable donation on their behalf, if they wished.

www.mikeoncrime.com

Republished from the Winnipeg Free Press print edition August 21, 2010 B1