Joined: Feb 2007
Posts: 912
is this special treatment? he refused a breathilizer??????
8/23/2007 at 9:08 AM
A former Winnipeg police officer who pleaded guilty to dangerous driving causing death expected to hear his sentence Wednesday, but the judge told him he will have to wait.
Derek Harveymordenzenk, also known as Derek Harvey-Zenk, struck Crystal Ann Taman's convertible at the corner of Highway 59 and the Perimeter Highway in February 2005.
The 40-year-old mother of three, who police said was stopped at a traffic light, died in the crash.
In a deal reached with special prosecutor Marty Minuk, Harveymordenzenk pleaded guilty in July to a single charge of dangerous driving causing death. Charges of refusing a breathalyzer, impaired driving causing death and criminal negligence causing death were dropped.
In spite of an agreement between the Crown and defence lawyers about a conditional sentence, Chief Justice Raymond Wyant told the court Wednesday that he requires more time to "reflect" on the sentence.
The court heard hours of emotional testimony Wednesday morning, starting with members of Taman's family.
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Taman's daughters told the court about the morning of Feb. 25, 2005, when they left the house minutes after their mother only to come across the emergency vehicles that were attending to her.
"Her life was over. Our lives were over as well," said Taman's husband, Robert, adding that Wednesday would have been Taman's 43rd birthday.
Former officer says he is haunted by incident
As members of Taman's family addressed the court, Harveymordenzenk wiped away tears and looked down at the table in front of him.
When permitted to address the court, Harveymordenzenk apologized to the Taman family and told the court that he's haunted each day by the thought that he's taken someone's life.
"I acknowledge I took away someone cherished. I am deeply sorry every day," he said.
"I pray everyone can find peace, and I wish I could take away that pain."
The defence and Crown counsel had agreed on a recommendation for a conditional sentence of two years less a day, which will not require Harveymordenzenk to spend any time in jail.
Harveymordenzenk's attorney urged Wyant to consider his client's good conduct before the crash and since.
Both lawyers told the judge the fact Harveymordenzenk was a police officer at the time of the crash shouldn't mean he gets a harsher sentence. They added that the end of his dream career in law enforcement — he resigned from the police force — should be sufficient punishment.
However, Wyant expressed concern about the sentencing agreement, saying there should be a "higher standard of conduct" for people involved in the justice system, including police officers.
Outside the court, Robert Taman expressed disappointment with the delay.
"This is just going to prolong our agony," he said.
The sentence is expected within in two weeks.