THUNDER BAY – Calling the actions “reprehensible” and “callous,” the Crown is seeking a 10-year sentence for the man driving a vehicle in a crash that killed a cyclist nearly two years ago.
Both the Crown and defence lawyers made sentencing submissions on Monday in the case against Sheldon Mark Yesno, who pleaded guilty to criminal negligence causing death and failure to remain at the scene of an accident in the Oct. 1, 2013 collision that killed 38-year-old Richard Terrance Vrastak.
Yesno, 34, was originally charged with second-degree murder but pleaded to the lesser two charges in February.
In his submission Crown attorney Dan Mitchell asserted Yesno hunted Vrastak, who was “grossly mismatched” while on a bicycle to on an equal basis deal with a man driving a “2,000 pound missile.”
Vrastak was a “helpless David versus an overwhelming Goliath,” Mitchell argued.
“This is not a criminal negligence case,” he said, using the example of a high-speed police chase with unintentional and unplanned consequences as an example.
“The situation you are dealing with today, in my submission, is far more serious.”
Mitchell said evidence showed Yesno was travelling southbound on Algoma Street before crossing into the northbound lane, then tried to mount the curb and then cut off Vrastak before the crash. He described it as a pursuit. The resulting collision in an alleyway caused Vrastak, who was not hearing a helmet, to strike a building.
He added Yesno did not check on the well-being of the victim, who was obviously seriously injured, and never called emergency services to provide medical assistance.
The court also heard from the sister of Vrastak, who for nearly an hour, detailed the impact the loss had upon the family. Vrastak was a father of five children who won’t get to see them grow up.
Defence lawyer David Dubinsky objected to the strong and “inflammatory” language used by Mitchell, pointing out his client did not plead guilty to intentional homicide. He urged the court not to consider the language when reaching a decision.
Dubinsky asked the court for a sentence with a prison term in the range of 18 to 24 months with a subsequent period of probation.
He cited both a presentencing report as well as Gladue report which detailed Yesno’s history of alcohol and substance abuse in his early 20s.
Yesno, who is from Fort Hope First Nation and is the son of former Nishnawbe Aski Nation Grand Chief Harvey Yesno, was described as one of the best student’s in his home school and an excellent student after moving to Thunder Bay for high school.
He and his wife, who have six children together, had an infant die in 2011 which the court heard triggered further substance abuse.
A letter from Yesno was read aloud by Dubinsky to the court, where he apologized and expressed his shame and sorrow while asking for forgiveness.
The sentence is expected to be imposed on Oct. 14.
