A St. Albert impaired driver has been sentenced to three and a half years for a hit-and-run that killed an Edmonton teenager.
Shane Stevenson, 50, pleaded guilty to a single count of impaired driving causing death for the April 2018 collision that killed 16-year-old Chloe Wiwchar.
In addition to a prison sentence, Court of Queen's Bench Justice Peter Michalyshyn imposed an eight-and-a-half-year driving prohibition and mandatory DNA identification for the national criminal database.
In a media scrum following the sentencing, Chloe's father Michael Wiwchar questioned if there was bias that led to what he saw as a weak sentence.
“If it was any one of their (legal professionals') kids, it wouldn’t be the same sentence. I know it wasn’t intent, it wasn’t murder, but it’s still a loss of life. There’s no deterrent. Three and one-half years – that’s why everyone drinks and drives. No one cares.”During closing arguments at the sentencing on Wednesday, Oct. 14, Crown prosecutor Susanne Thompson explained legal precedents for similar cases range between sentences and one and four years. Michael had hoped Stevenson's sentence would be lengthier.
“That was the only thing I was looking for out of this court stuff, was precedent. And not because it was my daughter that was killed, but for the next kid that’s killed or the next person that’s hit by a drunk driver ... I wasn’t expecting a life sentence. But five, six – something positive to come out of this. A precedent would have been set and Chloe’s death wasn’t for nothing,” he said.
Having to endure the aftermath of his daughter’s preventable death, he questioned why precedents remain unbroken.
“What kind of a justice system is that? It’s completely broken. How do we make it better then? If we can’t change what’s already been set as precedents from the past, we’re not going to be able to get out of these cycles of alcoholism, violence and everything else that goes on.”
Collision
The collision occurred on April 15, 2018, as Chloe was walking home from her boyfriend’s house. At about 11 p.m. Chloe stepped off a bus and was walking on a marked crosswalk at Kingsway and Tower road.
An off-duty police officer and two other vehicles stopped to allow her to cross. As she was walking, Stevenson struck Chloe in his 2017 black Ford pickup. He was impaired and speeding in a 60 km/h zone. A reconstruction of the crime scene estimated Stevenson was travelling between 69 and 83 km/h at the time of impact.
The collision sent Chloe through the air where she landed on the centre median and slid approximately 26 metres. Roadside witnesses sprang into action to assist, and although EMS responded quickly, she died an hour later at a hospital from blunt force trauma.
According to an agreed statement of facts, Stevenson did not slow down at the crosswalk or stop to assist Chloe. He fled the scene and was followed by the off-duty police officer who called 911. Stevenson was apprehended with assistance from police cars and a police helicopter.
The offender provided breath samples. The lowest reading was 170 milligrams of alcohol in 100 ml of blood.
As a result of the conviction, Stevenson, who at the time of the collision was a lawyer for the Dentons law firm, an international business and litigation firm, is no longer permitted to practise law.
The former Edmonton lawyer has no previous criminal record. However, between 2011 and 2017 his driving record shows 12 violations for speeding and alcohol-related offences. The most serious prior to the collision was a three-day roadside suspension for impaired driving.
Sentencing
Sixteen victim impact statements from family, friends and a first responder were presented to the court detailing how their lives deteriorated since Chloe’s death. Some were read out loud, while others were submitted simply in writing.
Chloe's mother Holly Lucier's sorrow and anger was evident.
“I am consumed by grief and crippled by her death,” said Lucier. “There is a silent scream in my heart. I wake up with it. I go to bed with it. It’s so tormenting.”
She explained how Chloe’s death and subsequent trial destroyed the family’s mental, emotional, physical, psychological and financial health.
She spoke of the crash night and the emergency room doctor’s words. She spoke about seeing Chloe’s sheet-covered broken body and how she touched the caked blood on the back of her daughter’s head. She stated Chloe would never graduate, and instead wore a grad dress at her funeral.
“Shane Stevenson hit her with his truck and abandoned her like garbage,” Lucier shouted, staring at Stevenson. Several family members cried and nodded their heads, echoing her words.
Justice Michalyshyn offered Stevenson an opportunity to speak, and the offender apologized to the family for the pain he caused. The court heard Stevenson no longer drinks and volunteers his time speaking about the dangers of impaired driving.
“I took her life horribly and I can’t imagine the pain and suffering I put the family and friends through,” he said. “It was a horrible situation and very preventable.”
He added, “I’m truly remorseful and live with it every day and try to do the right thing.”
After the trial, Lucier and Stevenson’s wife sobbed and embraced each other.
– With files from Jennifer Henderson.
