Teen played role in earlier crash that killed cabbie

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This article was published 16/12/2009 (6097 days ago), so information in it may no longer be current.

THE man accused of killing an innocent motorist while driving a stolen Hummer is no stranger to the justice system — or Free Press readers.

The paper introduced him earlier this year as Steve Cotter, one of 14 Winnipeg youths featured in an extensive look at the city’s auto-theft subculture. Fictional names were assigned to all the teens to avoid breaching the Youth Criminal Justice Act, which bars identifying young offenders. Steve, 16, pleaded guilty in June 2008 to being an occupant of a stolen Silverado, which had a high-speed race with a stolen SUV down Portage Avenue in March 2008. Moments later, the SUV smashed into a taxicab, killing the driver and seriously injuring his passenger.

At his sentencing hearing, the judge heard how Steve played a pivotal role in helping police re-create the events of the fateful night. As a result, he was given a break by the justice system. Steve had one prior conviction for auto theft — back in January 2008 — and was described as being deeply immersed in the city’s auto-theft sub-culture. His younger and older brothers also had criminal records.

Steve’s lawyer, Michelle Bright, said the teen co-operated fully with police to the point he "was essential" in helping them determine the identities of some of the other people involved, including the driver of the Avalanche that killed cab driver Tony Lanzellotti.

Although Steve was initially charged with driving the Silverado that was racing the Avalanche just prior to the crash, the Crown only proceeded on the less serious charge of property theft.

Provincial court Judge Ken Champagne tore a strip off Crown attorney Liz Pats when she tried to argue Steve should be given additional jail time in the context of the "larger picture" of youth auto theft in Winnipeg.

"Our position is that all 14 kids, if they hadn’t been driving around that night in these two vehicles, this wouldn’t have happened in the first place… I think there is a tie between these two vehicles, absolutely," said Pats. "One car went straight, the other car turned — he was in the vehicle that turned. He can’t be blamed for what happened with the accident, but I think that when you look at the entire scenario of what happened that night, he certainly had a part to play."

Champagne charged that Pats’ detailed explanation of that morning’s events — specifically the ones involving the crash — was an argument posed to unfairly ask the court to make an example out of the teen for things he didn’t do.

"Are you not asking me to impose a sentence to specifically deter this young man and to send a message to other young offenders involved in these types of cases to denounce their conduct?" Champagne asked. "That’s the flavour and the underpinnings of your delivery here today. Simply going through those facts, is that fair to this accused, who’s pled guilty to being a passenger in a (stolen) truck?" he told her.

Bright indicated it was unfair of the Crown to play up the circumstances of one incident and apply them to another in which the teen had no direct involvement. In sentencing the teen, Champagne indicated while he was indeed tempted to send a message to the teen and other youths involved in auto thefts, the YCJA — and its emphasis on the rehabilitation and reintegration of young offenders — barred him from doing it. "I can’t help but be tempted to impose a sentence that would address the principles of deterrence and denunciation, but I know I can’t do that… I completely understand the Crown’s frustration," he said.

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