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Calgary motorist Brice William Coates received the maximum punishment Thursday for making an unsafe left turn that resulted in a fatal collision with a bicyclist at high speed.
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But Provincial Court Judge Judith Shrier emphasized to those mourning the loss of Cory Meza that the $2,300 fine and surcharge and three-month driving suspension imposed on Coates were not intended to lessen his loss.
“Nothing mitigates this catastrophe,” said Shrier, who sentenced Coates, 45, under the Highway Safety Act in connection with a May 29, 2020 collision at 50th Avenue and Macleod Trail S.
Shrier heard an eloquent statement in court from Meza’s widow, Chelsea, before reading seven other statements from family and friends, calling them “extraordinary victim impact statements.”
The widow, who was 29 at the time of her husband’s death, said Meza was much more than the cyclist they referred to during much of the trial.
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“The incident broke Cory and it broke me,” he said, as supporters fought back tears on the courtroom gallery.
“None of this brings Cory back, and none of this brings Chelsea and Cory back, but I want to feel like he mattered.”
Shrier agreed with Crown Prosecutor Renato Di Lorenzo that the maximum punishment under provincial law was justified in light of the fact that Coates did not have a clean summary of the driver, as well as the tragic consequences of his actions. .
Defense attorney Stephen Bitzer had requested a $1,000 fine and a seven-day driving suspension, indicating that while the result of his client’s conduct was as serious as it could be, his driving pattern was not egregious.
“My client is not the worst offender,” Bitzer said.
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He added that Meza’s death had greatly affected his client.
“Nobody wakes up in the morning and is still the same person after an accident where they lost their life,” Bitzer said.
But Shrier said the maximum fine under the Traffic Safety Act for making an unsafe left turn of $2,000, with an automatic 15 percent surcharge, along with a three-month driving suspension was justified.
“In terms of consequences, there is no greater consequence than the loss of an innocent life,” he said.
Shrier found that under the law, once the Crown has established that an unsafe left turn was made, the defense bears the burden of proving that it was unavoidable.
Coates said he saw Meza approaching the intersection but felt he was a safe distance away, but Shrier said he should have double-checked the oncoming cyclist before turning.
Meza, a successful bicycle racer, was traveling up to 15 km/h faster than the posted speed limit at the time of the collision.
“I cannot find that Mr. Coates has fulfilled his charge. . . to show that the turn could not have been made safely,” the judge said.
Twitter: @KMartinCourts
