Jail for speeding driver who hit pedestrian

Both the driver and pedestrian were headed home from a house party when the crash occurred in the early morning hours of Dec. 11, 2010.

  • Jul. 5, 2013 12:00 p.m.

A “youthful” and “inexperienced” driver who missed a sharp corner on Boucherie Road and slammed into a pedestrian, causing serious injuries, has been sentenced to 90 days in jail.

Jordan Maurice Schaubroeck, now 21, was celebrating the end of term exams at a house party and, as he had not been drinking, drove some classmates home in the early morning hours of Dec. 11, 2010.

With friends in both the cab and box of his truck, he headed down Boucherie Road hill, which features a sharp, almost 90 degree turn at the bottom.

The court heard that individuals in the truck were telling Schaubroeck to slow down. Then, as he approached the curve, located near Montigny Road, a vehicle pulled out and Schaubroeck braked, “skidding in a completely straight line” toward some cement barriers, said Judge Brad Chapman.

Classmate Levi Sapach was walking there at the time, headed home from the party, and was struck by the truck.

“Mr. Sapach was significantly and seriously injured,” said Chapman, noting injuries included four pelvis fractures, a fractured tailbone, a fractured vertebrae and a laceration to his leg.

Sapach required surgery and was also unable to walk for two months.

Schaubroeck originally fled the scene of the crash and was arrested later. Accident analysis indicates he was doing “no less than 79 km/hour” when he started to skid prior to the crash. The speed limit on that road is 60 km/hr, and the limit for the curve is 30 km/hr.

Chapman noted that Schaubroeck did not “intend” to cause harm to Sapach, but instead his inexperience as a driver—he received his novice driver’s licence nine months earlier–and his potential lack of knowledge of the road contributed to the crash.

Schaubroeck pleaded guilty to dangerous driving causing bodily harm back in November, and his lawyer suggested a suspended sentence and probation for the young man, who has no previous criminal or motor vehicle act record.

Crown instead asked for an intermittent 90 day jail sentence and probation, a stance Chapman agreed with.

“The appropriate sentence in the circumstances is a jail sentence,” he said, adding that a suspended sentence wouldn’t “adequately address” the sentencing principles of general deterrence and denunciation.

“The sentence I impose today is not designed to remedy injuries to Mr. Sapach…I can’t make Mr. Sapach healthier, fitter,” added Chapman as Schaubroeck stretched and yawned.

Schaubroeck also faces potential significant financial consequences, as civil litigation in connection to the crash is pending, the court heard.

Schaubroeck’s 90 day jail sentence may be served on weekends and he has also been placed on 18 months of probation. Conditions include no contact with Sapach, participating in counselling, assessment and programs his probation officer deems fit, and 50 hours of community work service. Schaubroeck is also barred

from driving for 18 months.

By Cheryl Wierda, Capital News contributor

Kelowna Capital News