Crown argues for 10 year sentence in drinking and driving death

CALGARY- I t took all the emotional strength Kevin Davey could muster Friday to enter a courtroom for the first time since his wife was killed by a drunk driver.

But the devastated father needed to let the driver know how Linda Davey's death in April 2008 has affected his life, and that of their children.

He said the drunk-driving hit-and-run that killed his wife, and nearly killed their wheelchair-bound son, Josh, has ripped his family apart.

"This person changed our lives in the instant he so violently ended Linda's life," Kevin Davey told court as he read his three-page victim impact statement.

"I'm unsure if we'll ever be completely 100 per cent free of the pain he's caused, due to the depth and strength of mine and Linda's friendship, companionship and love, and due to her unwavering love and dedication to our children."

Darren Paul Coupal, 38, pleaded guilty on Nov. 30 to impaired driving causing death and two counts of impaired driving causing bodily harm to Josh and family friend Fakhria Zadran, as well as hit-and-run and driving while disqualified.

Coupal, who was leaving a bar, hit the victims and fled while they were out for a walk in the southwest community of Bridlewood.

While the father was able to attend court for Friday's sentencing arguments, his children were not, Davey said.

"They were both scared of seeing this man that killed Mommy."

Davey said his now 18-year-old son, who still requires surgery two years later, and his daughter Erin, who escaped serious injury, are devastated.

"Our daughter, Erin, just eight years old at the time, witnessed this horrific hit-and-run and actually saw her mom's body being dragged along the road beneath the wheels of the vehicle this person was illegally driving," said Davey, who was married to Linda for 21 years.

"I can only pray that our children will not be emotionally scarred for the rest of their lives, due to what they went through and what they witnessed -- and I'm extremely fearful that the nightmares we've all experienced since that night will continue for many years to come."

The widower left the courtroom shortly after reading his statement.

Crown prosecutor Paul Mason has argued for a prison sentence of 10 years plus a lifetime driving prohibition for Coupal, who has two previous convictions involving drinking and driving.

Defence lawyer Steve Wojcik sought a sentence of four years less credit for 22 months spent under house arrest, for a net 26-month sentence. He said the driving ban should be set at five years.

Mason said he sought such a stiff sentence because of the callous nature of the crime. Coupal chose to drive home from a bar that was within walking distance, went off the road and struck the victims, then continued to drive 800 metres on flat tires with sparks shooting from the rims.

"Mr. Coupal is perhaps the perfect person in which to educate the public," Mason told Court of Queen's Bench Justice Beth Hughes. "He looks harmless. He appears to be everything you expect to be of a law-abiding citizen, but his conduct on that day was of such a reprehensible nature."

Wojcik said Coupal has always been remorseful, has changed his actions since the crash and has not driven or consumed alcohol since. Wojcik said case law does not support the sentence sought by the Crown.

When given an opportunity to speak by the judge, Coupal apologized to the victims' families and to court.

"I feel my acts on April 30, 2008, caused great consequences and heartache that will never heal," he said. "My decision to drink and drive took a mother away from her children and a wife away from a husband and hurt many other people. I apologize to Erin, Josh and Keith Davey and Fakhria Zadran and her family."

Hughes adjourned sentencing to March 10.

dslade@theherald.canwest.com