Mountie fined $1,500 in crash that killed 5-year-old
Published Monday, January 23, 2017 1:08PM PST
Last Updated Monday, January 23, 2017 7:51PM PST
A Mountie is facing a $1,500 fine in connection with the death of a five-year-old who was fatally struck while biking in Penticton in 2015.
James McIntosh was riding his bike across a busy intersection on Sept. 15, with his brother and father at his side, when he was struck by a truck making a right turn.
The truck was driven by Const. Ace Jimmy Stewart, who was off-duty at the time.
Stewart was charged in September 2016, following an investigation by the Independent Investigations Office.
He pleaded guilty to the charge of driving without due care and attention, and was given a fine of $1,500 and a victim surcharge of $225.
While handing down the sentence, the judge told the courtroom there are two kinds of cases: those where someone intends to do harm, and those where the act was a momentary lapse. He called Stewart's case the latter.
"There is no questioning his remorse," defence lawyer Neville McDougall told CTV News.
"The cases clearly say, we are not sentencing you for causing death, we are sentencing you for your momentary inadvertence. And like I say, there but for the grace of God, go you and I."
With a report from CTV Vancouver's Kent Molgat