Lawyer for man guilty of dangerous driving causing death argues against 'crushing' sentence
CBC
The lawyer for Oscar Benjumea, who has pleaded guilty to to three counts of dangerous driving causing death, says his client is filled with remorse and regret.
"He understands the tragedy of what he did," Dino Bottos said in Edmonton Court of Queen's Bench Wednesday.
He asked the court to impose a sentence of between five and seven years, acknowledging it is much lower than the 13-years suggested by the Crown.
On July 3, 2020, Benjumea got behind the wheel of his car when the bars closed at 2 a.m. after drinking six ounces of alcohol that night.
His friend, Faisel Yousef, got in the front seat. Two women they met at the bar that night, Emma MacArthur and Georgia Donovan, sat in the back.
Bottos said the last thing his client remembers is pulling the seats forward so the two women could get into the back.
"He wishes he could explain why he drove so fast, so dangerously," Bottos said. "He has no recall of the driving itself."
According to an agreed statement of facts, Benjumea's vehicle reached a speed of 186 km/h in a 60 km/h zone along Calgary Trail before he lost control and crashed into a Starbucks.
"He came to with three dead passengers and he was alive," Justice Peter Michalyshen noted.
"He has no recall of anyone being in his car," Bottos said. "He has no recall of seeing anyone in and around the ground."
When a passerby stopped at the scene, he saw the driver's door open with Benjumea's seatbelt disconnected and the airbag deployed. According to the agreed statement of facts, Benjumea appeared to be unconscious but the good Samaritan pulled him out, laid him on the ground and called 911.
When Benjumea came to, he was visibly injured and bleeding. Witnesses weren't sure if he saw the bodies of his passengers lying on the ground.
They said he began pacing around the collision scene with his hands over his head repeating, "I'm f--king done."
Surveillance video showed Benjumea walking briskly away from the scene, then breaking into a run. He ended up at his girlfriend's downtown apartment where he showered and changed clothes.
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