Nova Scotia

Antigonish man sentenced for fatal crash

An Antigonish man whose original conviction for dangerous driving causing death was overturned on appeal is going back to jail on that charge.
Kyle Anthony Delorey was sentenced to 30 months in jail minus three months for time already served. (CBC)
An Antigonish man whose original conviction for dangerous driving causing death was sentenced to jail time Wednesday after being convicted for a second time.

Kyle Anthony Delorey, now 33, was driving the car that crashed in the summer of 2008 killing 20-year-old Patrick MacEachern and injuring four others including himself.

Delorey was convicted in 2009 for dangerous driving causing death and dangerous driving causing bodily harm.

In July 2010, his conviction was overturned and a new trial was ordered by an appeal court.

He was convicted again after a second trial in February.

In Antigonish Supreme Court Wednesday, Delorey's lawyer Adam Rodgers said his client has a brain injury from the crash and another earlier accident.

He said Delorey has been to rehab for both drug and alcohol problems and that Delorey's brain injury could lead to violent episodes, which could cause him harm if sent to prison.

He asked the judge to give Delorey three months of time served.

Instead, Justice Glen G. McDougall sentenced Delorey to 30 months in jail with three months credit for time served — a sentence two months longer than given after his first conviction.

Crown attorney Allen Murray had asked for a sentence of about three years.

However, the family of the victim was not completely happy with the sentence.

The family of Patrick MacEachern say his loss is felt every day. (CBC)
"We have to accept what the judge delivered today, but obviously no amount of time will bring Patrick back, so we will have to accept the findings here today," said Clara Hurst, MacEachern's sister.

"He was an amazing man and he was an amazing father and he loved them very, very much and my boys couldn't be anymore like him," said Shayna MacLean, the mother of MacEachern's two sons.

"It's been horrendous," said MacLean. "All of us are heartbroken, there's not one day, minute, second, that goes by that not one of us thinks of him. We're devastated, we always are, we always will be."

Once Delorey is released, he will be prohibited from driving for five years.