By Nigel Maxwell
After a judge referred an impaired driving case as one of the most tragic he ever encountered, a 21-year-old man received a nine-month jail sentence and a four-year driving prohibition.
August Ermine Bates was sentenced Thursday afternoon at Prince Albert Provincial Court. Last July, Bates entered guilty pleas to charges of impaired driving causing bodily harm, and having a blood alcohol content (BAC) over .08 causing bodily harm.
The case itself dates back to Nov. 2, 2019, when a husband and wife from Christopher Lake were on their way to a Riders’ game. Their Ford F-150 collided with Bates’s vehicle head-on. According to the statement of facts read in court, Bates’s BAC was nearly twice the legal limit. He was bending forward to light a cigarette when his car crossed the centre line.
“This is one of the most tragic circumstances I have ever encountered,” Judge Hugh Harradence stated. “I cannot imagine two more innocent victims.”
Matt Klassen, who suffered a broken hip in the crash, and who pulled his wife from the burning wreckage, only returned to work earlier this week. Ashley Klassen’s injures were far more severe. She suffered multiple strokes as a result of internal bleeding, and faces a long road of recovery.
Through a victim impact statement read last week by Crown prosecutor Keith Amyotte, Klassen said: “The physical disabilities make me feel less of a person. I had to learn to walk on my own and to eat on my own. My son was afraid of me because of all the tubes.”
When explaining the reasoning for his imposed sentence, Harradence said there must be elements of deterrence, denunciation and rehabilitation.
“No matter what sentence is imposed, the reality is it will not change the catastrophic effects this collision has caused the Klassen family,” he said.
In addition to his jail sentence and four-year driving prohibition, Bates must complete 150 hours of community service, and will be on probation for three years which includes conditions he abstain from alcohol and attend counselling. Harradence acknowledged that prior to the incident, Bates had no criminal record and no pattern of bad driving.
“His remorse demonstrated by his guilty plea has relieved the Crown and the victims of the difficulty of a trial,” he said.
Representatives from both families were in court for the hearing Thursday. Outside the courthouse, Ashley’s sister Tonya Spriggs spoke on behalf of her family and expressed disappointment with the result.
“I don’t think people will ever learn. Like I don’t think they will change their ways if harsher penalties aren’t given,” she said.
While expressing relief the court process was over allowing Matt and Ashley to move on with their lives, Spriggs also relayed feelings of frustration as she broke down in tears.
“You know, I watched Ashley lay in a hospital bed for four months and the first two weeks watching her fight for her life and all because someone decided they wanted to drink and drive,” she said.
At the time of the crash, a GoFundMe was created to assist Matt and Ashley with medical expenses. As of Thursday, the online fundraiser has raised over $16,000.
A one-hour delay
The court proceedings were originally scheduled to take place at 1 p.m. but were delayed in part because Bates failed the COVID screening test at the courthouse main door. The court heard Bates had contact with a person who may or may have contracted the virus.
Rather than adjourning the matter several weeks, Judge Harradence opted to proceed with sentencing. A number of safety precautions were enacted including having Bates and his family sit on the far side of the courtroom. Bates was also told to wear a mask and gloves.
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nigel.maxwell@jpbg.ca