Cody Diebold's death by car accident was instant but his family's pain has been constant, provincial court heard Friday. The cause of the 21-year-old's devastating, tragic death was repeatedly described as a "momentary lapse" in attention by the driver who hit him last May.
Simon David Michael Wagstaffe, a Prince George lawyer, appeared Friday for sentencing after pleading guilty to driving without due care and attention under the Motor Vehicle Act.
Before she fined Wagstaffe $1,500, visiting provincial court judge Melissa Gillespie explained to the family that she could not rule on their loved one's death but rather what evidence showed to be a "momentary lapse" in Wagstaffe's attention on the road.
"These are very challenging and difficult cases. A mere moment of inattention on the part of Mr. Wagstaffe results in the most severe of consequences: the loss of a young life filled with promise and hope, a loss that is catastrophic to the family and the community at large," said Gillespie, who followed the joint submission presented in court.
"Cody's memory lives in the walls of your house that he helped build with you. It lives in your heart, it lives in your soul and the sorrow that binds your family."
Both sides wish for only one thing, she said: "And that is that Cody could come back. This sentence today cannot produce that result."
Pausing throughout his address to the family, Wagstaffe whispered he was "very, very sorry."
"If I could take it back of course I would... But I can't. I don't have words," said Wagstaffe, voice breaking on that last syllable. "How sorry I am."
The 64-year-old addressed Cody's mother, father and sister, holding their printed victim impact statements.
0 Comments