A Penticton judge said she is astonished at the dangerous driving actions of a man who already lost his wife and friend after they were killed by an impaired driver.
Gary Patrick Richard, from Abbotsford, will serve another 73 days in jail after being sentenced for charges of mischief to property over $5,000, two counts of dangerous operation of a motor vehicle, flight from a police officer, resisting or obstructing a police officer and personation with intent to avoid arrest. The matters related to two separate instances in Keremeos and Vernon.
“I find it actually astonishing that someone who suffered so greatly as a result of a motor vehicle accident related to impairment and who must be so acutely aware of the extreme danger that driving can impose when done in the matter that you did, would on two separate occasions put the public at risk,” said Daneliuk.
Richard provided a fake name to RCMP after being stopped a roadside checkpoint in Keremeos on Feb. 9, 2018. He sped off in the black BMW SUV he was driving and continued west along Highway 3 at an extremely high rate of speed. RCMP decided not to pursue the vehicle due to the safety hazard it posed, instead calling ahead to Princeton RCMP to warn them of the vehicle.
Shortly after, a call came in from Riverside RV Park Resort that a vehicle had smashed through the entrance gate. RCMP found Richard in his vehicle at the scene and he was arrested.
Three months later, RCMP said Richard was being charged further after a resident of the park located a bag containing guns, cash and drugs after the incident. Police said they believed they could link the bag to Richard, however, all charges pertaining to that were dropped in court.
Daneliuk noted that Richard has a “lengthy” and unbroken criminal record with relevant periods of incarceration. The only gap in his record showed between 2014 and the offences he appeared before the court on Monday.
He received a total of 270 days, but with credit for time in jail before he was sentenced, it resulted in one day left — which the court counted as his Monday appearance via video from jail.
The second set of offences, that occurred about three months after the Keremeos incident, were almost identical to the Keremeos charges. where he fled police and used the name of a friend to escape culpability. He was sentenced to 365 days on those charges, with 292 days accounted for as credit while awaiting sentencing — leaving him with 73 days left to serve.
Crown counsel Kurt Frohlich asked for a period of incarceration while defence counsel Justin Dosanjh was seeking time served.
Daneliuk said she took into consideration that Richard appears to have strong family support for him when he is released. She said Richard had insight about what occurred when he found himself in trouble and it had to do with relapsing into drug use. She also acknowledged that he has taken steps, while incarcerated, to ensure he will get treatment when he is released.
Richard also will have to abide by a three-year driving prohibition, must not be in possession of any type of identification that is not his own, will pay $9,030 to the Riverside RV Park Society by June 16, 2021 as part of a standalone restitution order on the mischief charge and must not be within 100 metres of the RV resort.
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