Pubdate: Sat, 22 Nov 2008
Source: Edmonton Sun (CN AB)
Copyright: 2008 Canoe Limited Partnership.
Contact:  http://www.edmontonsun.com
Details: http://www.mapinc.org/media/135
Author: Tony Blais
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)
Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving)

KILLER POTHEAD OFF TO JAIL

A "chronic" pot smoker who was impaired on marijuana when he slammed
into an oncoming Jeep, killing two people and injuring two others, was
sent to prison yesterday.

It is the second time James McIlwrick, 36, has been put behind bars
for the deadly 2003 crash near Sherwood Park and family of a victim
say it is a good thing the killer driver is finally having to pay for
his crime.

"This has been a long time coming," said Shelleen Schultz, sister of
victim Tammy Engelking, 27.

"And I think it's not happiness or anything that we're feeling 'cause
there's nothing happy about this situation, but I think we're all
relieved that Mr. McIlwrick is finally going to be paying for what he
did to my sister Tammy and Henry as well as their injured co-workers,"
said Schultz.

She said the five years since the fatal collision has been "brutal"
for the families involved. "It doesn't get any easier the second time
around. I hope that this supplies closure for everybody because I know
it will for me."

McIlwrick was found guilty on Sept. 18 of impaired driving causing
death and impaired driving causing bodily harm.

Court of Queen's Bench Justice June Ross said a four-year prison term
was appropriate for McIlwrick, but reduced it by 11 months for time
already spent in custody.

He was also banned from driving for 10 years after his release and
ordered to surrender a sample of his DNA.

The judge ruled McIlwrick was a "chronic" daily user of marijuana and
said it was aggravating that he chose to get high before driving to
work despite knowing the effects.

"There were tragic consequences of this chronic use and his decision
to drive while under the influence of marijuana," said Ross. "Mr.
McIlwrick's driving error happened very quickly, but it was extreme
and inexplicable apart from his impairment."

She also made it clear that driving while stoned on pot is just as bad
as driving while drunk, and denunciatory and deterrent sentences are
equally necessary.

"The expert evidence in this case, and the circumstances of the case,
make it clear that driving while one's ability is impaired by this
drug is as much of a danger to the public as is drinking and driving,"
said Ross.

McIlwrick was found guilty of the same charges in 2006 and sentenced
to 4 1/2 years in prison, but he successfully appealed the conviction
and a retrial was ordered.

Ross accepted expert evidence that McIlwrick's blood showed he had
"virtually twice" the level of THC recognized as being enough to
render most people impaired.

Court has heard McIlwrick was driving his pickup truck south on
Highway 21 about 7:30 a.m. on Nov. 25, 2003, when he crossed the
centre line and smashed head-on into a Jeep Cherokee carrying four
co-workers.

Engelking, the driver of the Jeep, and Henry Yao, 40, both of Sherwood
Park, died as a result of the collision while passengers Kork (Dan)
Sin Liew suffered a broken sternum and Massoud Teymouri suffered four
broken ribs.

Court has heard McIlwrick suffers from medical conditions that have
caused lesions on his face and affected his eyesight and he smokes pot
to control the pain.
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MAP posted-by: Larry Seguin