Photo: File Photo
A Penticton judge will take more time to decide whether to put a man in jail after the death of a young woman driving dangerously in Hedley in 2019.
Judge Shannon Keyes previously ruled Andrey Malyshev, 49, was found guilty of dangerous driving in an accident in March 2019. Alanna Dunn, 29, died after her car collided with the commercial truck her Malyshev was driving.
Malyshev was on his usual route heading east on the highway when the crash happened.
the judge weighed Evidence from truck dashcam footagethe cops on the scene, and the speed that Myle Chef was going with the indictment.
Dan leaves behind a 10-year-old son, a 3-year-old daughter, and a fiancée.
“It had a huge, tragic impact on multiple people,” said prosecutor Andrew Vandersroyce, adding Malyshev claims it was an accident.
“He admits it was a tragic incident and one that left a devastation in its wake.”
On March 22, 2019, Malyshev’s truck and trailer rolled over as it turned a corner, skidded into the westbound lane and struck Dunn’s vehicle.
The tractor was pulling a trailer laden with sea cans containing bladders full of wine. Malyshev was on his way from Delta to Oliver along Highway 3 late at night and early in the morning.
The driver was driving the same route the day before with the same cargo.
Both vehicles had previously been confirmed to meet safety standards under the Motor Vehicle Law, and there was no indication that the crash was caused by mechanical defects or slippery or wet road conditions. .
Footage from the truck’s on-board camera showed Malyshev crossing the central road boundary 27 times on the night of the incident, 17 of them crossing the double yellow solid line and driving on the other side of the road for an extended period of time. I was driving.
It is estimated that Malyshev’s truck was traveling between 74 and 83 km/h when it rolled over and began to slide. Electronics on his truck show he was traveling at 78 km/h.
Malyshev was driving below the 100 km/h speed limit posted on the highway, but Judge Keyes said he was still well below the recommended speed of the 60 km/h warning sign posted before the turn. ruled that it exceeded
Crown noted that Malyshev had been proven to be driving the truck too fast to keep it upright, which caused the crash. argued that a driving ban of at least five years was appropriate.
Cory Armor of the Defense Council countered, saying Malyshev’s length of imprisonment was unfair because he had no previous incidents or negative driving history.
“Malyshev did not set out that morning with the intention of causing this accident or killing people over this incident,” he said.
“That’s not to say he doesn’t have any insight into what he’s doing. He’s shown that through his driving history since then…he’s really taken this to heart.”
Since the accident, Malyshev has struggled with sleep and mental health.
“There was no guilty plea in this case … but I don’t want to leave the impression that he has not repented,” Ahmer said. “He’s clearly taken steps to learn from it.”
Armagh asked the judge to consider a conditional sentencing order waiving Malyshev’s prison sentence.
When given the opportunity to speak in court, Malyshev spoke through an interpreter. He added that he never expected or intended the crash to occur, and that if he could change it, he would.
Judge Keyes said he needed time to consider the submissions before making a decision.
Malyshev will return to hear his verdict on a day yet to be decided in the new year.