Accidentally running over and killing a man, who allegedly once held him hostage, has landed a Sundre resident a 34-month prison term.
Defence counsel Andrea Urquhart had sought a punishment of time already served, the equivalent of 321 days custody, while Grabinski proposed a sentence of 4 1/2 to 5 1/2 years.
Anderson noted multiple aggravating factors that warranted a severe penalty, including Burns’ previous criminal record which included a prior offence of driving while prohibited.
The defence argued Brendan McDonald’s death wasn’t directly related to that criminal offence.
The Calgary Court of King’s Bench judge agreed with Grabinski that it was aggravating that a death occurred while Burns was behind the wheel when he shouldn’t have been.
“Mr. Burns’ record and his now second conviction for driving while prohibited demonstrates a lack of respect and intentional disregard for the justice system.”
She said a severe sentence was required to “send a strong message to him and others who act accordingly.”
Burns was convicted by a jury last month in connection with a March 1, 2022, incident on a rural property. While jurors found him guilty of hit and run where a death occurred and driving while prohibited, they acquitted him on a more serious charge of manslaughter.
Burns had told police he intended to put his Dodge pickup truck into drive when he saw McDonald approaching from behind. Instead, he shifted into reverse before hitting the gas, pinning McDonald between the truck and the victim’s own car, before driving away.
He also told police McDonald had previously held him hostage and put what he believed was a gun to his head.
Anderson said the incident caused great hardship to the victim’s relatives and his spouse, Emily Rennie.
“Mr. McDonald’s death has caused substantial emotional harm to his family,” she said, referring to three victim impact statements filed with the court.
At Urquhart’s request, Burns will remain free until next Tuesday when he must turn himself into the Calgary Remand Centre to begin his sentence.
With credit for time already spent behind bars he’ll have about 23 1/2 months left to serve.
X: @KMartinCourts