THUNDER BAY — A man whose vehicle struck two pedestrians on a sidewalk, killing one and severely injuring the other, has received a sentence of 7 years in penitentiary.
Jonathan Paypompee, 41, pleaded guilty in earlier court proceedings to charges of dangerous operation of a motor vehicle causing death, dangerous operation of a vehicle causing bodily harm, and failing to remain at the scene of an accident.
He was arrested by Thunder Bay Police in July 2023, after fleeing from a collision on Simpson Street near Northern Avenue that took the life of 42-year-old Carson Aaron Johnson and caused life-altering injuries to his female partner.
Paypompee, from Big Grassy First Nation, told police he had used crack cocaine on the day of the collision, was under the influence of alcohol, and had been driving without a licence.
He said he had dozed off at the wheel and had hit the gas pedal instead of the brakes after seeing the two pedestrians only at the last second.
A pre-sentence report highlighted an unstable upbringing and a history of substance abuse.
In his reasons for sentence released on May 29, Justice Michael March referred to victim impact statements filed by the Crown as all having spoken to "the horror" of what occurred on July 3, 2023.
Johnson's fiancée described how her life was "completely destroyed" by the loss of the love of her life, stating she struggles to get out of bed, and that she remains in constant physical pain.
Crown counsel recommended a total prison sentence of seven-and-a-half to eight years for the three offences, and a lifetime driving ban for Paypompee.
It pointed to his lengthy criminal record, including an impaired driving conviction in 2015, and his inability to deal with his substance abuse issues which it said makes him a menace to the public.
However the Crown also submitted the man's guilty pleas saved precious court resources and spared witnesses the trauma of testifying, and asked the Court to take into account the grief he has experienced during his life as an Indigenous person.
Defence counsel argued for a total penitentiary sentence of six years, and did not oppose a lifetime prohibition from driving.
His lawyer emphasized that Paypompee has led a tragic life, bears the scars of racism, and has used drugs and alcohol to cope.
Defence counsel also noted his genuine expressions of remorse and his acknowledgement of the devastation he has caused.
In his ruling, Justice March observed that although the man has a long criminal record, the last conviction was 10 years ago, demonstrating he is capable of sustained sobriety.
The judge described Paypompee's remorse as "heartfelt," observing that he expressed it from the outset when he was first interviewed by police.
He also said the significant trauma he's experienced in his life "to a limited extent" diminishes his moral blameworthiness.
Justice March said the term of incarceration must respect the principles of denunciation and deterrence while also reflecting the prospects for rehabilitation.
"Paypompee needs serious help," he stated. "Hopefully he can receive, through the sentence I impose on him, appropriate education and counselling for his chronic substance abuse issues, his impulsivity and his unresolved grief over the losses he suffered in his own tragic life."
But the judge said the sentence must send "a strong message" that the kind of conduct the man displayed will never be tolerated, and that "Nothing below seven years would sufficiently pay adequate respect to the salient principles at play in this case, namely deterrence and denunciation."
With credit for time served in pre-sentence custody and time spent while the jail was in lockdown or inmates were triple-bunked, Paypompee is left to serve four years in Stony Mountain Institution.
When he is released, he will be unable to drive for the rest of his life.
"He is simply not to be trusted behind the wheel of a motor vehicle ever again," Justice March stated. "He cannot be relied upon to be a responsible driver."
