Crown seeks five years for Lapensee (correction)

EDITOR'S NOTE: The ninth paragraph of this article has been changed to indicate that Clayton Lapensee's lawyer is recommending a sentence of no more than three years. The original version wrong said he wanted his client to serve only two years in a federal penitentiary.

Crown Attorney Glen Wasyliniuk is asking that Clayton Lapensee be sentenced to at least five years in a federal penitentiary for driving while impaired and causing a collision that killed Anita Proulx, 51.

Wasyliniuk is also asking that Lapensee's driver's license be suspended for at least 10 years.

"It would be better to prohibit him from driving for life, but under the circumstances, the Crown feels a period of no less than 10 years is appropriate," Wasyliniuk said during Lapensee's sentencing hearing today.

On January 17, Superior Court Justice Gary Tranmer pronounced Lapensee guilty of driving while impaired, causing the death of Anita Proulx and injury to Amanda Proulx.

Today, Tranmer heard from members of Anita Proulx's family and from Lapensee's lawyer, Bruce Willson, as he considered what sentence to give Lapensee.

Sentencing will take place on February 12.

Lapensee was found guilty of driving with a blood alcohol level over 160 milligrams on November 25, 2005, causing a lethal four-vehicle crash on that day.

He also pleaded guilty to leaving the scene of the collision and causing mischief by falsely reporting his vehicle stolen.

Willson argued that, because Lapensee pleaded guilty to those charges and because he was not driving badly, other than one instance of leaving his lane, and because the weather conditions were bad, he should serve no more than three years in a federal penitentiary.

He did not comment on how long he thought Lapensee's should be prohibited from driving.

Justice Tranmer commended the family of Anita Proulx for their eloquent and moving words about her and what her loss has meant to them. “We can all be confident that her love of and pride in you was clearly well placed,” said Tranmer. “The factors of deterrence could be well addressed if everyone could see the consequences and hear the words of those who suffer through it.”

The full text of six of the victim impact statements entered into evidence today can be read by clicking the links below.

Victim impact statement by Tricia Proulx-Medaglia Victim impact statement by Ken Proulx Victim impact statement by Renee Schell Victim impact statement by Amanda Proulx Victim impact statement by Kenny Proulx Victim impact statement by Lynda Bertulli