Kory Mattie and Nicholas Landry were killed in 2011 in Antigonish County

A Nova Scotia man who killed two teenagers while driving impaired in Antigonish County nearly two years ago has been sentenced to six years in prison.

William Lionel Edmund Byron Fogarty, 30, was driving a car that collided with another vehicle on Highway 4 in Antigonish County in November 2011. The two teenagers in the other car — 16-year-old Kory Mattie and 17-year-old Nicholas (Nico) Landry — died following the crash.

Fogarty had methadone, several prescription drugs and Valium in his system when his car crossed the centre line on the two-lane road on a clear November afternoon. The court also heard he had a vial of clean urine in the car to fool his addictions clinic into thinking he wasn't using drugs.

The Antigonish man was found guilty in July of two counts of dangerous driving causing death and two counts of impaired driving by drugs causing death.

"You were a motorist's worst nightmare," Justice Nick Scaravelli told Fogarty as he handed down the sentence Wednesday at Nova Scotia Supreme Court in Angitonish.

Scaravelli sentenced Fogarty to six years in prison less time served. His actual sentence is five years and 19 days.

He's barred from driving for the next 10 years.

The Crown had recommended eight years concurrently for both convictions of impaired driving causing death and three years for dangerous driving causing death. A lifelong ban on driving was also sought.

The defence disagreed and asked for three to five years in prison and a seven-year driving ban.

Allen Murray, a Crown attorney on the case, said he believed it was the first conviction of its kind in Canada, for drug-impaired driving causing death.

The Crown said Fogarty acknowledged the two deaths, but showed “no remorse.”

The defence said Fogarty referred to himself as "just a junkie" who wished he could trade places with the victims.

In her victim impact statement, Landry’s mother said she works three jobs so she doesn’t have to be home thinking about her son.

“My life has been totally changed. I'm not the same person, I never will be," Jeannie Landry told reports outside the courtroom. "Everyday is a struggle and I feel that every day ahead of me will be as well."

Doug McKenna,Landry's father said "Seeing the video statement, there was no remorse at all from this guy. That's all I have to say."

Debbie Green, Mattie's mother, echoed those sentiments. She doesn't think Fogarty's sentence is long enough and she said she doesn't believe Fogarty is truly remorseful for the accident.

"I've seen none, not a bit. The only time he seems sad is when he thinks about what he's losing by going away," she said.

Crown prosecutor Darlene Oko said no sentence would be long enough to ease the family's suffering.

"The duration of the sentence can't equate to the loss that they've suffered," she said. "There's just no way of doing that."


Source: CBC News Nova Scotia


Last updated on: 2013-09-27 | Link to this post