THUNDER BAY – The sentencing for a 2010 fatal hit-and-run is going to have to wait at least one more day.
Christian Hernandez, who was expected to find out Tuesday if he would be ordered to serve more jail time for fleeing the scene of the accident that killed 45-year-old Richard Carmichael, heard that Justice Joyce Pelletier had not reached a decision on the case.
Pelletier, who during Monday’s submission hearing spoke of her desire to quickly bring the case to an end, said she had been working on it since 7 a.m. Tuesday but was not ready to render her decision due to a full docket.
Crown attorney Trevor Jukes had asked that Hernandez receive a sentence of between five to nine months with a two to three year driving prohibition and an order to submit a DNA sample.
Defence lawyer Francis Thatcher had requested that time served and the long duration of the case combine to keep Hernandez from spending more time behind bars. He also argued against the driving prohibition and the DNA order.
Hernandez was convicted in June of failing to remain at the scene of the Dec. 19, 2010 collision on High Street near Van Norman Street that claimed the life of Carmichael. He was found not guilty on charges of impaired driving with breath samples ruled inadmissible as evidence.
The case has been rescheduled for Wednesday at 2 p.m. at the Thunder Bay Courthouse.
