Hernandez learns Tuesday if fleeing scene of fatal crash comes with more jail time

THUNDER BAY -- A man convicted of a fatal hit-and-run nearly four years ago will learn Tuesday if he is expected to serve any more jail time.

Sentencing submissions were delivered Monday at the Thunder Bay Courthouse in the case of Christian Hernandez, who in June was convicted of leaving the scene of an accident in the December 2010 death of 45-year-old Richard Carmichael.

Justice Joyce Pelletier heard arguments from both Crown attorney Trevor Jukes and defence lawyer Francis Thatcher. The Crown is seeking additional jail time between five to nine months. Meanwhile Thatcher is recommending Hernandez receive a sentence that would see him released on credit for time served.

Hernandez, 29, was found guilty of fleeing the scene, but found not guilty on two counts of impaired driving, earlier this year after a lengthy trial process.

At about 3 a.m. on Dec. 19, 2010 Carmichael was struck by a vehicle driven by Hernandez near the intersection of High Street and Van Norman Street, where he was found on his stomach with a pool of blood underneath.

Carmichael arrived at the Thunder Bay Regional Health Sciences Centre at 3:55 a.m. and died at 3:58 a.m.

Breath samples, which were taken from Hernandez nearly two hours after the collision, were ruled inadmissible during the trial with Pelletier ruling there was no way to definitively prove he was impaired at the time of the incident.

On Monday Jukes argued that while Hernandez had been acquitted of the most serious charges he had still violated one of the most important duties of a driver by not remaining at the scene.

Jukes said there should only be credit for 47 days served during the pretrial period, with time spent on release not being taken into consideration.

In addition to incarceration, he recommended a two to three year driving prohibition.

Thatcher countered that restrictions on Hernandez during the release period created hardships that included the loss of a job, bankruptcy application, family strain and a relocation to London, Ont.

During that time Hernandez was not permitted to operate a vehicle except for work and childcare purposes and had to surrender his passport which meant he has been unable to travel to his homeland of Mexico.

Those conditions, Thatcher argued, along with the “extraordinary length of time” from arrest to sentencing have been a thorough punishment.

He also asked that if there would be additional time served that it be done intermittently on weekends at the Elgin-Middlesex Detention Centre in London.

Hernandez, who appeared to wipe away tears at various points during the hearing, briefly addressed the court to apologize and talked about his remorse and how he hoped to be a future role model for his two children.

“I am extremely sorry for being involved in this incident,” he said. “I know I broke a link in the (Carmichael) family that will never be restored.”

There was no victim impact statement submitted by Carmichael’s family.

Pelletier made it clear reaching a sentence immediately was in the best interest of all parties.

“He, like everyone else, deserves some closure,” she said prior to the adjournment of the hearing.

The sentence is expected to be delivered Tuesday afternoon.