Killer drunk driver has jail sentence reduced

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This article was published 16/10/2010 (5474 days ago), so information in it may no longer be current.

Manitoba’s highest court has ruled a Winnipeg man was unfairly punished for a drunk driving crash that killed an innocent motorist.

Hugo Sergio Ruizfuentes, 42, was sentenced to six years in prison and given a 15-year driving prohibition after pleading guilty to the December 2008 tragedy.

The Court of Appeal ruled Friday that the sentencing judge placed too much emphasis on the man’s Highway Traffic Act record. They have now reduced his prison term to four-and-a-half years and slashed his motor vehicle ban to seven-and-a-half years.

“A fair reading of the sentencing judge’s reasons shows that she decided to treat the accused as ‘anything but a first offender’ because of his HTA record.,” Justice Richard Chartier wrote in the decision. “A prior HTA record, although a relevant and important consideration in an impaired driving causing death sentencing hearing, cannot be elevated in significance to the level of a criminal record.”

Elaine Stoller, 63, was killed while driving through the intersection of Grant Avenue and Waverley Street. A witness told police Ruizfuentes ran three consecutive red lights and was speeding before hitting Stoller’s vehicle, which had the right of way. Police tested Ruizfuentes three hours after the crash and found his blood-alcohol content was .12, 50 per cent higher than the legal limit of .08.

Ruizfuentes, a married father of three, didn’t fight the case at trial and pleaded guilty to impaired driving causing death. He had no prior criminal record but several previous driving infractions which were cited by the judge.

Defence lawyer Mike Cook said Friday his client was relieved by the reduction in punishment but remains focused on the victim’s family.”My client is heartbroken and devastated to see the consequences of his actions and will live with this horror every day for the rest of his days,” he said.

Cook argued during sentencing, and again on appeal, that Ruizfuentes deserves credit for showing remorse and wanting to use the tragedy as a teaching tool for others. He said Ruizfuentes planned to approach Mothers Against Drunk Drivers about doing a series of talks to young drivers about the deadly mistake he made.

Stoller was a beloved mother, grandmother and community figure who founded the Women’s Endowment Fund of The Jewish Foundation of Manitoba.

The Crown asked for a five-year sentence last year, but Associate Chief Judge Mary Kate Harvie took the unusual step of going even higher. Cook has originally requested a three to four year sentence.

“Our society is built on principles of justice and one principle is that the sentence must be fit and just for the unique facts of the case. The Court of Appeal agreed that a six-year sentence was too harsh considering all the circumstances,” said Cook. “I hope both families will continue to heal and find happiness in their futures.”

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