Winnipeg man who hit motorcyclist while driving impaired gets 35-month sentence

More than a year after a Winnipeg motorcyclist was hit by a drunk driver on Talbot Avenue, a court heard how the collision has left the victim and his family with lifelong physical and psychological pain.

Dan Lveill, his wife, TobiLveill, and their adult daughter were among those who read emotionaland at times tearful victim impact statements on Wednesday.

"Because of the offender's choice for which he is solely responsible, I was sentenced to over 207 days in hospital, 207 days away from my home, away from my duties to this city and its people," 51-year-old Dantold court.

His colleagues and family filled the Winnipeg courtroom for Braedon Lee Gordon's sentencing hearing.

Dan was driving his motorcycle to work at the Winnipeg Police Service around 6 a.m. on June 14, 2023, court heard in an agreed statement of facts. He was heading east down Talbot when a minivan cut him off at Levis Street, striking him at 37 km/h.

Dan flew from his bike and smashed into the van's windshield before landing metres away on the concrete.

Court heard the driver of the van, Gordon, briefly stayed at the scene, then went to a nearby apartment buildingbefore being arrested by police.

On Wednesday, Gordon attended virtually and listened silently to more than an hour of statements, at times looking down at the floor.

His blood alcohol concentration was greater than 80 mg per 100 ml within two hours of having driven the van, court heard. The now 23-year-old pleaded guilty to driving a vehicle while impaired.

Gordon's defence lawyer Michael Dyck told CBC News the other charges were dropped. Originally, his client was also charged with dangerous operation of a vehicle causing bodily harm and driving while prohibited.

Gordon was banned from driving at the time according to a 2022 court order stemming from previous impaired-driving-related charges.

"Mr. Gordon's record is nothing short of infuriating. He was a ticking time bomb on the street. This sort of calamity was inevitable," Crown attorney Nick Reeves told court.

WATCH |Winnipeg judge OKs 35-month sentence for man who hit motorcyclist while driving impaired:

Winnipeg judge OKs 35-month sentence for man who hit motorcyclist while driving impaired

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More than a year since a Winnipeg motorcyclist was hit by a drunk driver on Talbot Avenue, a city courtroom heard how the crash has left the victim and his family with lifelong physical and psychological pain.

'I've lost so many things'

Dan was in hospital for eight months with life-altering injuries: a broken leg and pelvis, along with a fractured spine, and more. He had multiple surgeries and will struggle with mental health and mobility issues for the rest of his life, court heard.

"I've lost so many things," Dan told court. "My ability to secure greater financial stability for my family now and in the future has been stolen. I can no longer walk my dog. I can no longer hunt as I have all of my life, nor can I enjoy my passion for riding my motorcycle."

"For me, the victim impact statement was my chance to close a significant chapter of this story, which was important, because it allows me to move ahead," Dan told CBC outside court.

His wife said hers helped her heal.

"It was really important because it made me face the feelings that I hadn't dealt with, because I'm caregiving and trying to continue with living life, and I hadn't dealt with the pain of the loss of what our life was like before," she said.

Tobi hasn't been able to work at her dance studio since the crash, she said. Meanwhile, their daughter left job opportunities in Vancouver and moved home to be closer to Dan.

Sentence should have been longer

Gordon apologized for his actions, calling his decision to drive that day "criminal" and "horrible."

"I can also understand the frustration and anger that you may have towards me. It is justified."

The judge accepted a joint recommendation from the Crown and defence of a 35-month sentence for Gordon. The sentence means Gordon will spend more than a year-and-a-half in jail, taking into account time he already served.

The judge also banned Gordon from driving for eight years, while Manitoba Public Insurance has already prohibited him from driving for life.

"The position being put forward is absolutely justifiable in law," Crown attorney Reeves said.

He acknowledged, though, the public would disagree, "considering the harm caused."

Outside court, Dan agreed, saying Gordon's sentence should have been a year or two longer.

"These changes need to be made at a higher level," Tobi said.

"They need to make these sentences harsher. It is unfair that [Gordon] will be out, and Dan will still be in a wheelchair."

Dan continues to fight to have his medical equipment and prescriptions covered by MPI and remains focused on his recovery.

Before the collision, he and his wife were planning to celebrate their 30th wedding anniversary in Mexico last November.

"Travel is still up in the air because of my stroke risk," he said. "But we'll think of something."

WATCH |Winnipeg man in fight with MPI over coverage after near-fatal crash:

Winnipeg man in fight with MPI over coverage after near-fatal crash

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A Winnipeg man says MPI is refusing to cover the costs of required equipment and prescriptions for his recovery after he was nearly killed in a collision last summer.