Driver gets 2 1/2 years in jail for killing friend
Victim's family upset by judge's unusually tough sentence

EDMONTON - In one of Alberta's toughest recent sentences for a fatal collision, a judge imprisoned a contrite young driver for 21/2 years Friday for losing control of his car and killing a friend.

Court of Queen's Bench Justice Blair Mason said Jason Cowan was going nearly twice the speed limit Sept. 29, 2002, when he skidded around a curve on Whyte Avenue near 112th Street and slammed into a street light.

Passenger Donovan Genge, 17, died in hospital from head injuries.

"The death of Donovan Genge is laid solely at the feet of Mr. Cowan, and he is responsible for that," said Mason, who convicted Cowan of dangerous driving causing death.

"It's a complete lack of lookout and consideration for the problems as presented by a difficult intersection, failure to apply the brakes and manage the vehicle -- indeed, driving it out of control."

Virtually every similar case in the province has been punished with some form of house arrest since the Supreme Court of Canada's landmark Proulx decision broadened conditional sentence rules in 2000.

But Mason said Parliament has raised the maximum penalty for this offence to 14 years in prison partly to let people know that "carnage on the highways (is) a serious problem in Canada."

In this case, "a conditional sentence would not be in keeping with the fundamental purposes and principles of sentencing," he said.

He also prohibited Cowan from driving for three years once he's released.

A police accident reconstruction expert testified during the four-day trial this week that he calculated Cowan's car was travelling 89 km/h as it entered the 112th Street intersection around midnight. He agreed that figure could have been off by as much as 10 per cent. Witnesses described the car going so fast that it rose up on two wheels before sliding over the curb.

"It didn't go by, it flew by," one man testified.

Emergency medical workers at the scene said Cowan admitted drinking beer earlier that night, but he acted normally and wasn't charged with impaired driving.

The 22-year-old man looked shell-shocked as he was led into a cell at the courthouse.

His family knew the Genges from attending the same Jehovah's Witness church.

Defence lawyer Brian Beresh said his client was "disfellowshipped" by the church following the accident. He was allowed to attend services five times a week, but no one would speak to him.

Beresh asked for a six- to 12-month conditional sentence, arguing jail would be "highly inappropriate" for a young man who made "a momentary lapse in judgment." \

He plans to file an appeal and try to get his client freed on bail.

But Crown prosecutor John Watson said later the sentence sends a message. "If you're going to drive dangerously and someone is going to die as a result of it, expect the consequences."

Genge's parents told reporters they were pleased to see their son's friend convicted and held responsible for his actions. However, they weren't pushing for jail and don't take any satisfaction from having him go to prison.

"We hold no malice at all," his father Terry said. "We have all been young and done things we were lucky to get away with ... I feel sorry for Jason."

Cowan, who works for his parents delivering parts to car dealers, sent the family a letter saying he was sorry soon after the crash. He repeated that apology in court before he was sentenced.

Terry Genge said they've already forgiven him. "We told him that. He knows there's forgiveness," Terry said. "It was an accident, maybe a careless accident ... he didn't go out to kill my son."

Near tears, his wife Sylvia said she hopes everyone learns a lesson from the tragedy. "If you're old enough to have a driver's licence, then you should be able to drive in a responsible manner."

CONDITIONAL SENTENCES

Justice Minister Dave Hancock has urged the federal government to change the law so it's harder to get conditional sentences in many serious cases.

They cannot be used if the court believes the sentence should be two years or more, if the offender would be deemed a risk to the community or if the offence is punishable by a minimum jail term.

However, the Canadian trend is toward using conditional sentences more frequently, particularly in all but the most serious cases of dangerous driving causing death.

Last March, Jonathan Williams was given a conditional sentence of two years less a day after 18-year-old Cindy Martin died in September 2001 when she smashed into his trailer as he drove unsafely onto 142nd Street at Valleyview Drive. Williams, who smoked marijuana and took two hits of LSD the previous weekend, drove several more blocks before he was stopped by other motorists. Prosecutors appealed, arguing the sentence was inadequate, but the Court of Appeal ruled it was within the acceptable range.

In January 2003, Tammy Iftody was given a 24-month conditional sentence after pleading guilty to dangerous driving causing death. Iftody admitted having six alcoholic drinks at a function in Vegreville before driving at least 66 kilometres in the wrong direction on Highway 16 and crashing into 20-year-old Kristen Wallis's car, killing Wallis.