Family of woman killed by dangerous driver feels failed by justice system

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The family of a 23-year-old woman killed by a dangerous driver as she was crossing a Winnipeg street says a one-year jail sentence serves no justice.

“We were failed by this justice system,” said Brian Wall, stepfather of Amy Gilbert, who was struck by a car that ran a red light as she crossed Broadway and Donald Street three years ago. “Our daughter is gone.”

Shane Recksiedler, 29, was convicted of dangerous driving causing death and was sentenced Thursday to one year in jail followed by a two-year driving prohibition. After his release, he’ll be bound by a probation order on several conditions, including he complete 100 hours of community service.

Gilbert’s family believes the police and Crown failed them in the prosecution of the case, during which an impaired driving charge was dropped due to a lack of evidence.

Court of Queen’s Bench Justice Chris Martin imposed the sentence in a Winnipeg courtroom full of Gilbert’s family and friends, 10 of whom offered emotional victim-impact statements. The judge acknowledged their grief and the “gruelling” court process they’ve been through, and he said there is nothing he can do to bring Gilbert back.

“By all accounts, she was a bright star that was darkened that day,” he said, before delivering a sentence he said could be considered punishment but not vengeance.

The judge said he believed Recksiedler was genuinely remorseful for causing the crash that took Gilbert’s life.

The traffic light at Broadway and Donald had been red for about nine seconds when Recksiedler drove through it around 5 p.m. on April 5, 2014, colliding with Gilbert in the crosswalk. He wasn’t speeding, and the judge previously found there wasn’t enough evidence to prove he was impaired by alcohol at the time.

Recksiedler drank 11 to 13 cans of beer over 13 hours the night before the incident. A couple of hours before the incident, he drank two or three more beers with Pepsi, having had little sleep in between. Fatigue was one of the main reasons for his “objectively dangerous” driving, the judge decided.

Dressed in a grey shirt and black tie, the accused was expressionless as the judge read his decision. Recksiedler previously expressed an apology to the victim’s family and friends.

Defence lawyer Scott Paler pointed to the changes Recksiedler has made over the past three years, including quitting drinking and focusing on his church and family.

He suggested Recksiedler should avoid jail time or serve an intermittent 90-day sentence, and be required to give presentations in the community about the dangers of inattentive driving based on his criminal conviction.

Justice Martin said he took into consideration the “positive strides” Recksiedler has made to change his life, in addition to his depression and psychological difficulties.

Crown attorney Manoja Moorthy had recommended a three-year jail sentence, followed by a five-year driving prohibition. Even that could not have soothed the pain, anger and grief that hasn’t subsided for Gilbert’s family and friends.

Reading aloud during a tearful statement in court Thursday, her mother, Alison Gilbert, said she constantly has visions of the crash and dreams of her daughter, seeing her die over and over again.

“There is no reprieve, ever,” she said, saying she wants to let go of the anger that eats at her.

“Amy was fierce. She was beautiful and she was my baby, my light and my life.”

katie.may@freepress.mb.ca

Twitter: @thatkatiemay

Katie May
Reporter

Katie May is a general-assignment reporter for the Free Press.

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