Edwin Yim Chau gets fine, driving suspension after killing Shelly Pauletto - Action News
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Calgary

Edwin Yim Chau gets fine, driving suspension after killing Shelly Pauletto

A Calgary driver who killed a woman in a crosswalk received the maximum sentence for the Traffic Safety Act violation of failing to yield to a pedestrian in a crosswalk: a $2,000 fine and a three-month driving prohibition.

Man who ran down Calgary mother at a crosswalk gets $2,000 fine, 3-month licence suspension

Shelly Pauletto died in February 2014 while crossing the road in a crosswalk. She left behind her husband, Derek and their two kids, Mady and Jaxx. (Pauletto family/Contributed)

For killing a Calgary mother who was on her lunch break from work, in a Beltline crosswalk, Edwin Yim Chau must pay $2,000 and is not allowed to drive for 90days.

His actions that day in February2014 weren't criminal, according to Calgary police and Crown prosecutors, so he was charged under the Traffic Safety Act.

Criminal or not, Shelly Pauletto's family is still gripped by grief, 20months later.

"Without her, we feel as empty as space itself; no desire, no worth, no dreams of a happy future," said her husband Derek. "Our family is broken."

Shelly and Derek were together for 21years. Their son Jaxx is now 10 yearsold, his sister, Mady is 12.

Derek didn't bother fighting his tears when he read his victim impact statement at Chau's sentencing hearing today.

Edwin Yim Chau was found guilty of failing to yield to a pedestrian after he struck and killed Shelly Pauletto in Feb. 2014. He was fined $2000 and is not allowed to drive for three-months. (Meghan Grant/CBC)

"Shelly was divinity and grace and radiance," he said. "She was an impeccable mom and it was obvious how naturally it came to her."

Shelly was crossing in a marked crosswalk at 10thAvenueand 5thStreetS.W. when she was hit by Chau's van anddragged for a short distance.

Chau was charged with failing to yield to a pedestrian in a crosswalk. His sentence was the maximum allowed for a conviction on that charge.

"This case illustrates the tragedy that can occur when a person does not drive with proper care and attention," said prosecutor Tom Spark.

Widower wants law to change

Derek Pauletto though, wants to see a stiffer charge available to prosecutors, like failure to yield to a pedestrian causing death.

"It doesn't really reflect the seriousness of the case, of what happened," said Pauletto. "I understand that it was not his intention to do that that day but we need to be better drivers."

News of the sentence didn't sit well on social media.

The charge of failing to yield to a pedestrian in a crosswalk covers the whole scale of seriousness of the offence, everything from blowing through a crosswalk without stopping,to injuring a pedestrian to killing them.

Police perspective

Staff Sgt. Paul Stacey with the traffic section of the Calgary Police Service says a range of charges aren't needed because there was no criminal intent andthe degree of seriousness of the offence is dealt with differently.

For example, sometimes officers simplyissue a ticket for $776.In other cases, like this one, they're prosecuted through the court system.

There is also a range of potential sentences. In this case, Chau's lawyer asked for no driving prohibition and a $1,000 fine but he was insteadgiven the maximum.

"I think the pieces are in place to deal with the fact that it's a one-charge-fits-all scenario," says Stacey.

For those reasons, Stacey says he doesn't see a need to have varying degrees of the charge.

Though he'd like to see stiffer charges and penalties, for now,Derek Pauletto'senergy isfocused on simplysurviving and navigating his new life.

"Grief is a mountain that weighs on my shoulders," he said.

"I'm full of regret and I will never get over it."

Derek Pauletto read a victim impact statement in court today. His wife, Shelly, was killed in a crosswalk in February 2014.