Drunk driver convicted in child’s death

Trey Alphonse died while jaywalking across highway with mother

The man who struck and killed a 6-year-old boy who was crossing the street with his mother has been convicted of impaired driving causing the death of Trey Alphonse.

Cody Wengenmayr was also found guilty of driving with a blood alcohol level over .08 and causing bodily harm to the boy’s mother, Iris Alphonse, Justice Gregory Bowden ruled Friday.

The decision, said a woman who knew the victims, does little to ease the grief of his family.

“The pain will always be there,” said Adelaine Bob. “The family took it pretty hard. They’re still dealing with it.”

Still, she feels Wengenmayr “should be serving time for what he had done, drinking and driving.”

It was around 10:15 p.m. on Aug. 30, 2010 when Iris, then 36, grabbed Trey’s hands and began crossing the six lanes of Harvey Avenue near Orchard Park Mall.

They managed to cross five lanes, as Trey dragged a scooter behind him, when they were hit by the Honda driven by Wengenmayr.

Trey died a few hours later, and his mother suffered a broken leg and soft tissue injuries to his left hip.

Bowden ruled that the 21-year-old was travelling “at least” 65 kilometres per hour and had a blood alcohol level of between 114 and 138 milligrams in 100 millilitres of blood at the time of the crash. The legal limit is 80 milligrams.

Bowden also ruled, based on testimony of drivers who were travelling the same section of road at the time of the crash, that Wengenmayr had an “unrestricted view” of the road in front and to the left of him.

While Iris’ decision to jay-walk “contributed to some extent” to the crash, Bowden also found Wengenmayr’s action contributed to the collision.

“I have no reasonable doubt in finding that the impaired driving ability of the accused was at least a contributing cause of the accident and the resulting bodily harm to Ms. Alphonse and the death of Trey Alphonse,” said Bowden in a written decision.

Charges of dangerous driving causing death and bodily harm were conditionally stayed based on a commonly accepted priniciple, called Kienapple, that bars one from receiving multiple convictions for offences that stem from the same act.

Wengenmayr had no comment following the decision. Sentencing will be held at a later date and a pre-sentencing report has been ordered.



Just Posted

Stargate armour debuts at Kelowna expo

The Kelowna Fan Experience will feature Jaffa armour from Stargate SG-1

Okanagan athletes among those celebrated with Aboriginal awards

Premier’s Awards for Aboriginal Youth Excellence in Sport handed out

Okanagan makes Top 5 of least affordable home markets list

The Okanagan is the fourth least affordable place in Canada to buy property on a single income

Kelowna summit will connect employers and immigrants

A session will be held tomorrow from 12 to 3 p.m. at the downtown library

Suspected overdose, poisoning calls jump in Okanagan

BCEHS statistics show calls rose last year in Kelowna, Penticton and Vernon

Vancouver Aquarium’s resident octopus released into ocean

Staff let the Giant Pacific octopus go into the waters near Bowen Island so she can reproduce

Canucks find scoring touch in 5-2 win over Blackhawks

Four Vancouver skaters have two points apiece in victory over Chicago

Kamloops landlord dealing with aftermath of firebombing

Kamloops landlord claims tenant to be a nightmare

‘Not well thought out:’ Arizona family slams B.C. speculation tax

American family spends half the year in vacation home on Vancouver Island

Family of B.C. wildfire victim wants better emergency preparedness for vulnerable people

Williams Lake’s David Jeff “fell through the cracks”

Senate backs bill to legalize recreational marijuana

Justin Trudeau reminded senators that his government was elected on a promise to legalize pot

Vernon police search van possibly connected to bear spray incident

Police searched a yellow cube van, Thursday afternoon, at Vernon Auto Towing

How to keep local news visible in your Facebook feed

Facebook has changed the news feed to emphasize personal connections. You might see less news.

Most Read