Outrage over crash-death sentence
By Tracy McLaughlin
The Toronto Sun
February 28, 2008

BARRIE -- A teen driver who "stank of alcohol" after a crash that killed his 16-year-old girlfriend was sentenced yesterday to 18 months in jail for dangerous driving causing death after the Crown dropped more serious alcohol-related charges.

Jacob Duclos, now 19, was initially charged with impaired driving causing death -- which can carry a maximum penalty of life in prison -- after the speeding car crashed killing Cherise Rijtma, who was in the back seat.

A spokesman for Mothers Against Drunk Driving said she is irate at the sentence.

"They just swept it all under the rug," said Kim Butler, of the group's Barrie-Simcoe chapter.

"I understand that this boy is very sorry, but what message does this give to every other 18-year-old out there?" she asked.

"What I'd like to know is why the judge didn't hear all the facts," Butler said.

At the sentencing hearing, Justice Gregory Regis heard that three hours after the accident Duclos had an alcohol level of 65 ml., well below that of a drunk driver.

CONCRETE POLE

What the court didn't hear was that an hour after the crash a breathalyzer test recorded 103 ml. The legal limit is 80.

Neither Crown attorney Kate Hull nor Barrie Police Chief Wayne Frechette could be reached for comment.

Duclos, who had a G1 learner's permit that banned him from drinking any alcohol before driving, borrowed his friend's mother's car after having some shots of rye on Jan. 18, 2007.

Rijtma, who was days away from her 17th birthday, was killed when the car fishtailed and skidded sideways, then slammed into a concrete street light pole.

Court heard Duclos sped along city streets, hit a snow bank, went through a stop sign and passed a friend in another vehicle, reaching 92 km/h in a 50 km/h zone before the accident.

During his ride four other friends in the vehicle warned him to slow down and one teen yelled at him to "stop driving like an idiot," but he refused to listen.

Officer Neil Towns, who arrested Duclos at the scene, testified Duclos "stank of alcohol" and staggered.

Yesterday, Duclos' mother, Kim, broke down sobbing when her son was sentenced. As police officers snapped on handcuffs and guided the weeping teen to the prisoner's box, she rushed from her seat to hug him.

"I'm so sorry ... I love you!" she said as she wept and held him briefly.

"Everyone agrees this is a very tragic case," Regis said. "He killed his girlfriend. He must suffer the consequences the rest of his life."

No one was present from the dead girl's grieving family and no victim impact statements were read into court.

Afterwards, Duclos' mother wiped away tears and clung to her husband as they quietly left the court.

Their son will only serve 15 months of the 18-month sentence after a two-for-one credit for 49 days he served in jail while waiting to get out on bail.

'NO ANGEL'

A year ago, Superior court Justice Robert Weekes, who let Duclos out of jail after a bail review, acknowledged that the teen was "no angel" and warned him to stay out of trouble.
Duclos was already on a court order to stay away from the friend whose mother lent him the car. Earlier, the duo were charged with stealing a fire extinguisher from their high school.

At the time of the accident, Duclos had already been suspended from his school nine times for truancy, swearing, disrespect and smoking marijuana. He was originally denied bail when the justice of the peace said his parents have no control over their son.

At that time, an irate Duclos cursed the Crown attorney while in the jail cells, yelling in front of a female officer he hoped "the c--- gets raped and ... rots in hell."

Still, hundreds of friends on Facebook say they forgive Duclos for what has happened, despite their broken hearts and battles with depression since their friend died.

"We love you Cherise," one comment states. "Watch over Jacob ... he will always love you."