Killer motorist appeals driving ban
A Winnipeg woman who killed two men in a massive crash in the city's downtown is appealing the length of a driving prohibition handed to her by a judge as part of her sentence.
Lucy Muthoka, 53, has filed an appeal of her two-year long suspended sentence and probation handed to her Aug. 20 after pleading guilty to two counts of dangerous driving causing death.
James Ross and William Halcrow, both from Cross Lake, Man., were killed after being struck by an erratically driven Subaru near the corner of Donald Street and St. Mary Avenue on June 25, 2008.
Another man, David Matsubara, was also badly injured.
The crash and its aftermath were so chaotic that it took police almost six months to investigate and lay charges.
Muthoka was initially charged with two counts of criminal negligence causing death, but instead pleaded guilty to the lesser charges as part of a deal with the Crown.
Ban's length 'harsh'
Judge Brent Stewart did not order any jail time in the case, and the Crown took no position on how Muthoka should be sentenced.
Along with two years of probation, Muthoka was told she was barred from driving in Canada for a period of 10 years.
Court documents filed with the Manitoba Court of Appeal show that Muthoka plans to argue the length of the driving ban was "harsh and excessive" and that Stewart made a mistake by not letting her lawyer argue against it.
While Muthoka has indicated she plans to be present at the appeal hearing, a date to hear her argument has not been set.
Stewart heard at Muthoka's sentencing that she was an inexperienced driver who had been taking driving lessons before the fatal crash.
On the day Halcrow and Ross were killed, Muthoka was exiting a downtown parkade when she suddenly accelerated.
The Crown said she mistakenly stepped on the gas instead of the brake, sending the vehicle careening into the intersection, hitting the two men.
She also hit a truck that was pushed forward from the impact, striking and injuring Matsubara.
Ross and Halcrow's families expressed outrage that no jail time was ordered in the case.