Oct 25, 2012 - TWO YEAR SENTENCE FOR A FATAL WHITE ROCK HIT AND RUN (Marilyn Laursen case)

A South Surrey man will do provincial time for killing a woman in a hit-and-run crash and injuring another woman during a police chase in White Rock.

Surrey provincial court Judge Michael Hicks sentenced Kyle Danyliuk, 20, to two years less a day in prison, plus three years probation, on Thursday, on four charges related to the fatal May 18, 2011 crash.

It was half the sentence the Crown sought. Crown prosecutor Brad Keilmann had argued for four years federal time while Danyliuk's defence lawyer Isaac Furbey called for a sentence ranging from 18 months to two years less a day.

During a police chase Danyliuk, 18 at the time, blew through the intersection of Johnston Road and Thrift Avenue in his girlfriend's Nissan and struck 56-year-old Marilyn Laursen, who had been walking in a crosswalk. Laursen was thrown 10 metres. Before hitting Laursen, Danyliuk had crashed into two other cars, seriously injuring another woman.

Danyliuk sped away from the scene, ditched the car in Surrey, and his girlfriend then reported it stolen. He was arrested two months later.

Danyliuk pleaded guilty to dangerous driving causing death, dangerous driving causing bodily harm, failing to stop at an accident that caused death and failing to stop at an accident that caused bodily harm.

"The lives of many people will not be the same," Judge Hicks told the packed courtroom.

"Marilyn Laursen was a person engaged in and enjoying the best years of her life."

The judge noted Laursen's family is suffering the "worst kind of loss" and no sentence imposed can fill that void.

He found that Danyliuk is a "devoted" father and spouse who had a tough childhood with "limited positive role models." Hicks said he believes Danyliuk accepts responsibility for his crimes and is "genuinely anguished" by the damage he's caused.

But Laursen's family finds the sentence distressing.

"It doesn't put much value on a life, does it?" said Laursen's younger sister, Cheryl Parrott. "I thought he would get federal time."

Laursen's other sister, Lynn McCutcheon, said she doesn't believe Danyliuk feels remorse.

"I honestly don't feel my sister got justice," she said. "She was taken away from us.

"It's just blown our family apart. I don't believe he's remorseful. He felt more sorry for himself.

The court heard during sentencing submissions in September that the police chase started after White Rock RCMP Const. David Bickle heard loud music coming from the Nissan and tried to pull it over, but Danyliuk wouldn't stop. Bickle is to appear in Surrey provincial court on Nov. 9 on a charge of dangerous driving related to this case.

Kielmann told the court during his sentencing submissions that Danyliuk had been drinking before the chase and was driving without a licence. He blew past stops signs and red lights, and on sidewalks during the chase, which at times reached a speed of 88 kilometres an hour. The court heard he has a criminal record for theft, mischief, carrying weapons and assault.

"It was a well considered, reasoned decision," Kielmann said of Danyliuk's sentence. "It's within the range of sentencing."

Hicks noted, prior to delivering his reasons for judgment, that the maximum sentence in Canada for dangerous driving causing death is 14 years and 10 years for dangerous driving causing bodily harm. The maximum sentence for failing to stop at an accident that caused death is life in prison, and 10 years for failing to stop at an accident that caused bodily harm.

Source: Surrey Now


Last updated on: 2013-02-21 | Link to this post