The semi-truck driver behind the wheel of a crash that killed a young mother near Hedley in 2019 will have to wait until 2023 to hear his fate.
In April, Andrey Malyshev had been found guilty of dangerous operation of a motor vehicle causing death and appeared back in Penticton Provincial Court on Nov. 24 for what had been scheduled as a sentencing hearing.
After submissions from Crown and defence, Judge Keyes stated that she would need time in order to review the case law and to craft her decision.
Speaking through a translator, Malyshev spoke to the court.
“I never expected it to happen, and never intended it to happen,” said Malyshev. “If I could only change anything to prevent the situation, I would love to do that.”
Crown is seeking three to five years in prison, followed by a five year driving ban. Defence is seeking a conditional sentence with no time behind bars.
Backing up defence’s request were several pieces of case law including one particular incident. That case involved another truck driver who had been driving aggressively, was in the oncoming lane, lost control and collided with a vehicle in the oncoming lane. That driver had consumed alcohol earlier that day and had also not slept in over 19 hours at the time of the crash. Despite those circumstances, which defence noted in being far different from Malyshev’s, the driver received an 18 month conditional sentence.
“I am satisfied beyond a reasonable doubt by the dashcam video that Mr. Malyshev’s driving that night demonstrated a profound and prolonged disregard for the rules of the road and the safety of others,” said Judge Keyes in April.
The video provided to the court had shown Malyshev driving across the centre line of the highway repeatedly, as well as driving into the oncoming lane. Immediately before the crash, the truck had been straddling the double-yellow centre line for over a minute.
As the truck headed into a corner, it flipped on its side. In the six seconds before flipping, the lights of Dunn’s car could be seen in the dashcam footage.
Based on evidence from the scene, including skid and gouge marks in and around the crash, Dunn had already pulled off the travelled portion of the highway in what Judge Keyes said appeared to have been an attempt to avoid the tractor-trailer.
Dunn had been on her way to work at the Copper Mountain Mine in Princeton, a job she had recently started, when the crash occurred. She had two small children.
Malyshev’s lawyer stated that he has repeated nightmares over the crash, and that ICBC is pursuing him for the payout to Dunn’s family.
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