Sentence postponed for truck driver guilty in 2019 Hedley crash that killed young mother

The semi-truck driver who was behind the wheel of a crash that killed a young mother near Hedley in 2019 will have to wait until 2023 to hear his fate.

In April, Andrey Malyshev was convicted of death by dangerous motor vehicle operation and was scheduled to appear in Penticton District Court on November 24 for a sentencing hearing.

After submissions from Crown and the defense, Judge Keyes said he needed time to consider case law and make a decision.

Through an interpreter, Malyshev spoke in court.

“I didn’t expect it to happen and it wasn’t going to happen,” Malyshev said. “If anything can be changed to prevent this situation, I would love to do it.”

Crown is seeking three to five years in prison, followed by a five-year driving ban. The defense is seeking a conditional sentence without jail time.

Several precedents, including one particular case, supported the defense’s claims. In that case, another truck driver who was driving aggressively was in the oncoming lane, lost control and collided with a vehicle in the oncoming lane.The driver had consumed alcohol earlier in the day and He hadn’t slept in over 19 hours at the time of the crash. Despite these circumstances, the driver was sentenced to 18 months conditional sentence, even though the defense pointed out that it was very different from Malyshev’s case.

Judge Keys said in April that he was “beyond reasonable doubt satisfied that Mr. Malyshev’s dashcam video while he was driving that night showed a serious and prolonged disregard for traffic rules and the safety of others.” There are,” he said.

Video provided to the court showed Malyshev repeatedly crossing the highway center line and driving into oncoming traffic. The truck straddled the double yellow centerline for over a minute just before the accident.

When the truck approached the corner, it rolled over. Six seconds before he flipped, Dunn’s car lights appeared on dashcam footage.

Dunn had already left the driving portion of the freeway where Judge Keyes said he appeared to be trying to avoid the tractor trailer, based on evidence from the scene, including skidding and gouges at and around the crash site. .

Dan was on his way to his new job at the Copper Mountain Mine in Princeton when the crash occurred. She had two small children.

Malyshev’s attorney said he had recurring nightmares from the crash and that ICBC was tracking him for payment to Dan’s family.

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