No jail for killer Winnipeg driver
Last Updated: Friday, August 20, 2010 | 5:11 PM CST
By James Turner, CBC News
Two pedestrians were killed and another seriously injured in the downtown accident, which involved three vehicles. (CBC)A Winnipeg woman who killed two Manitoba men in a devastating crash more than two years ago will not go to jail for her dangerous driving.
Lucy Muthoka, 53, was handed a suspended sentence and two years of probation Friday in the deaths of William Halcrow, 57, and James Ross, 58, on the evening of June 25, 2008.
The two friends were killed after being struck by an erratically driven Subaru Forester near the corner of Donald Street and St. Mary Avenue. They were in Winnipeg from their home community of Cross Lake to attend medical appointments.
After a prolonged police investigation, Muthoka, the Subaru's driver, was arrested and charged with two counts of criminal negligence causing death on Dec. 11, 2008.
The Crown stayed the more serious charges in exchange for her guilty pleas to dangerous driving causing death.
'It's like getting kicked some more when you already suffered.'—Marlene Castel
The conditions of Muthoka's probation include performing 240 hours of community service work, writing a letter of apology to the families of the victims and the community of Cross Lake and participating in mediation with the families if they request it in the future.
She is forbidden from driving in Canada for the next 10 years.
She walked out of court at about 2:30 p.m. CT after signing her probation order.
Sudden acceleration
Muthoka was coming out of the Millennium Library's parkade when her car suddenly accelerated, according to a brief summary of the Crown's facts of the case told to provincial court Judge Brent Stewart.
David Matsubara was also injured in the crash (CBC)She slammed into a truck, swerved across a street and struck the two men, who died at the scene despite efforts by paramedics and passersby to save their lives.
Another man, David Matsubara, was injured, but survived.
Halcrow and Ross's families travelled to Winnipeg to attend Friday's sentencing hearing. Members of each family admitted being disappointed at the sentence Muthoka was given.
'It was lenient for her but not lenient for us.'—Betty Ross
"It's like getting kicked some more when you already suffered. There's no words I could use except that I'm very disappointed," said Marlene Castel, Halcrow's sister.
Ross's sister, Betty Ross, told CBC News that it appeared all efforts were being made during the court hearing to shield Muthoka from punishment.
"It almost felt that everybody was cushioning her, and that they were lifting her up and of course, the judge took that," Ross said.
"Sure enough, it was lenient for her but not lenient for us."
At a prior hearing, court heard that Muthoka had been sent threatening notes about the deadly crash. The nature of the notes was not revealed in court.
Muthoka spoke in court and apologized for what happened, but the victims' families said they were upset she didn't look at them while saying she was sorry.
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