Calgary judge reserves sentencing decision in crash that killed 9-year-old - BERITAJA

In affectional statements to a Calgary court, the family of nine-year-old Victoria Desjardins shared the weight of her decease pinch the man who admitted to sidesplitting her.

On Boxing Day successful 2024, Duane Nepoose careened done a reddish ray astatine a Calgary intersection pinch a stolen minivan and rammed into the broadside of Desjardins’ family’s car.

Desjardins was taken to infirmary wherever she died.

“You took 1 of the top things life has to offer, a beautiful small girl,” said her father, Trevor Desjardins, successful a unfortunate connection publication by the Crown charismatic connected Friday.

“I could now only ideate what she would person become,” he added.

Nepoose, 31, antecedently admitted to charges of vulnerable driving causing death, vulnerable driving causing bodily harm, robbery and fleeing a constabulary officer.

Justice Indra Maharaj reserved her sentencing determination for a later day and said that rushing a determination would beryllium disrespectful to the family and unfair to Nepoose.

The Crown charismatic antecedently argued Nepoose should beryllium sentenced to betwixt 9 1/2 and 10 1/2 years, on pinch a life driving and weapons ban.

Nepoose’s defence squad said his condemnation shouldn’t transcend 9 years, including in installments for clip served, and his driving prohibition should only past 5 years aft the extremity of his sentence.

Maharaj addressed the family and said she didn’t want them to time off the courthouse focused connected the magnitude of the sentence.

“There is nary number that will alteration what happened and there’s nary measurement to quantify your loss,” she said.

“But I person a occupation to do and that occupation is the occupation of the law. And I person to reappraisal the rule and use the law.”

Prosecutor Todd Buziak besides publication a unfortunate connection for Dave Anderson, a adjacent friend to Trevor Desjardins, who recalled rushing to the Alberta Children’s Hospital aft the collision.

“Trevor walked retired of the room arsenic a wholly shattered man. All he could opportunity was, ‘My babe is gone,'” the connection read.

Anderson recalled seeing Victoria’s mother clasp her “lifeless hand,” and screaming retired for her.

Nepoose, seated successful the prisoner’s container successful a acheronian blue-and-black jumpsuit, often stared astatine the level aliases consecutive up arsenic the statements were read. People successful the tribunal assemblage wiped tears from their eyes.

The tribunal besides heard from Halima Ahmed, who was successful different conveyance and was injured by Nepoose’s driving.

Ahmed said she thought she was dying aft the clang and has struggled pinch anxiety, depression, chronic symptom and her ain mortality.

She said she has go quieter and mislaid her joyousness successful life.

Later, Nepoose pulled a portion of insubstantial from his thorax pouch and publication it to the court.

“I conscionable want to commencement disconnected by saying that we are present because of my actions and decisions I made that day,” he said.

“I want to opportunity that I’m sorry to the family — sorry for taking distant moments that should person been, sorry for putting you each done the trauma, pain, wounded and sorrow.”

Kate Webb-Harris authored the Gladue study prepared for Nepoose.

Gladue reports are meant to thief judges return Indigenous experiences into relationship during sentencing, including traumatic factors for illustration residential schools.

Webb-Harris testified that Nepoose had a very traumatic background. She elaborate really he was taken into the attraction of his uncle astatine about 5 years aged and was sexually and physically abused almost daily.

“These group who were expected to beryllium protecting you, you know, they didn’t,” she said.

Webb-Harris besides said his mother, begetter and about of his 12 siblings are dead.

Sam Taylor, 1 of the defence lawyers for Nepoose, based on his stealing the minivan should beryllium considered mild connected a spectrum of robberies because location was nary battle aliases gun.

Taylor besides said that Nepoose is cognitively impaired and is remorseful, some of which should beryllium mitigating factors successful his sentencing.

Buziak disagreed, stating Nepoose struck the proprietor of the stolen conveyance and besides partially blamed the constabulary pursuit for his actions.

He besides disagreed that his cognitive abilities should play a domiciled successful sentencing.