John Tristan Travis Cernos, the Squamish man who pleaded guilty to a deadly drunk driving hit-and-run almost three years ago, should go to jail for five years, according to a Crown prosecutor.
“It's hard to overstate the pain and the devastation that this collision had for both families; for both, collectively, because they’re related,” said Michaela Donnelly on Aug. 11 in North Vancouver Provincial Court. “The ongoing physical consequences, the ripple effect.”
Cernos, 40, crashed a 1999 Ford F250 into the bus stop at Cleveland and Pemberton avenues before midnight on Sept. 2, 2022.
He admitted in January to impaired driving and dangerous operation causing death of Gurpreet Sangha, 44, impaired driving and dangerous operation causing bodily harm to another woman and failing to remain at the scene.
“It was reckless, it was dangerous. It was on a public street. It was on a street that he lived on, other people lived on,” Donnelly said. “He drove through an area where there were businesses, where there were other people driving, one of the main intersections in downtown Squamish.”
“He then fled the scene without any regard for the harm he caused,” said the Crown lawyer.
Donnelly told Judge Timothy Hinkson that Cernos should be sentenced to five years in jail followed by a three-year driving ban. She had proposed eight years total in jail but said it should be reduced in order to encourage rehabilitation and avoid a crushing penalty.
“Mr. Cernos’s moral culpability does not merit a reduction of sentence, but what does merit a reduction in sentence is this: the gains that he's made since the events, and frankly, the fact that he’s a father to be,” Donnelly said.
Cernos’s defence lawyer, Meghan Forhan, however, proposed a three-year jail sentence.
Forhan said a driving prohibition would have a “very serious impact” on Cernos, whose job requires him to drive.
“The court should recognize that having a driving prohibition will severely impact his ability to make a lucrative living,” Forhan said.
However, she acknowledged mitigating factors that support a lower sentence, such as the offence “occurring in the context of an addiction.”
Forhan noted that Cernos has not consumed alcohol since the crash. She also emphasized Cernos’s decision to plead guilty, knowing that he would be going to jail. The decision cancelled the planned two-month trial.
“It was something that he decided to truly take responsibility for, and it saved a substantial amount of court resources. There was search warrants, there was a lot of video evidence, there were a lot of civilian witnesses,” Forhan said.
Forhan read from letters that Cernos wrote to Sangha’s husband and the injured woman.
“Words can’t explain how I feel,” said the one to the widower. Cernos wrote that he is attending Alcoholics Anonymous meetings three times a week and counselling on a bi-weekly basis.
“I have no recollection of the events that took place. Had I been in my right mind, I would not have run away from the scene; I would have helped,” said the letter. “I've always been against drinking and driving. This is massively out of character for me. My heart goes out to you and your family. I am also dedicated to right my wrong.”
Sentencing continues Aug. 12.
