Death of Tiberiu David results in $2,000 fine

It hardly sounds like enough of a punishment or a message to the public about the security of vulnerable road users on provincial highways.

Today in Provincial Offences Court, a 26-year-old former Kitchener man now living in British Columbia was fined $1,000 for careless driving and $1,000 for driving with a suspended licence for the September 2010 death of 43-year-old Tiberiu David, who was struck from behind and killed while riding his bicycle in the bicycle lane on University Avenue in Waterloo.

Matthew Waltenberry was not in the courtroom on Queen Street in Kitchener. His laywer, Harold Cox, did all the talking for what was, in effect, a plea deal. Waltenberry pled guilty to two of the charges in the fatailty, while a third charge, or using a false driver's licence, was dropped. He also pled guilty to two additional charges of driving without a licence, for two random traffic stops in January 2011.

The penalty was $1,000 for each charge, for a total of $4,000. Because the charges are Highway Traffic Act offences, jail time was not in the cards.

There was some energy generated around the idea of putting Waltenberry on probation. Apparently, this isn't often done for Highway Traffic Act offences, especially for someone who has not previous record. The Justice of the Peace, Michael Cuthbertson, said that "a message needs to be sent to Mr. Waltenberry and the public at large" and thought that probation might be a message. Since Waltenberry was still driving while his licence was suspended (for unpaid fines) when he killed David, it was clear that "the last (suspension) did not deter him," said Cuthbertson.

The Crown attorney, Ralph Cotter, agreed that Waltenberry "took someone else's life while driving," and Cox agreed to the idea of probation, so a one-year term of probation was added.

The defence lawyer painted a bit of picture of the motorist: According to Cox, Waltenberry "went to pieces" after the Sept. 1, 2010 fatality. His health and wellness marketing magazine, Tri-City Trulife Magazine, foundered, and it was a five months later that he was twice driving while suspended on routine traffic stops. Waltenberry is now a manual labourer in B.C., living with his girlfriend.

About the actual cause of the accident or the impact of Tiberiu David's death on his family, the court heard nothing. Cotter said Waltenberry struck David "for reasons unknown," which is court-speak for "the investigators got nuthin." After the hearing, Cotter said that the family declined to submit a victim impact statement or appear in court.

No identifiable cause for the fatal collision, so not enough evidence to make any sort of Criminal Code charge stick, and thus, no incarceration. No family member to speak for the victim. The penalty is a series of fines, and a somewhat vague and possibly inconsequential term of probation.

So what is the message to the general public?

 

(Here's a link to The Record's reporting on the case.)

Comments

[Rob (Mk.II)]

The message has been, is and remains "open season on vulnerable road users."

[gingerbeard]

What is the message to the general public?
IT is the same message they have been getting for a long time, cyclists are fair game.

When one if these drivers is charged with vehicular manslaughter, then the general public will get a different message, until then its " hey don't treat the guy on the bike any different than a traffic cone.

[John R.]

This is an outrage. .. When will the government get off the pot and realize that all accidents involving a bicycle should carry mandatory prison time for the driver. They're obviously out to kill us anyway.

[teresa]

ugh - this makes me SO mad!! I also read that the reason his license was suspended in the first place was for unpaid fines?!?! So clearly he'll follow-through with these fines... Our justice system is so messed up.

[Susan Koswan]

the four members of my family - all avid bikeriders - could not believe this when we read it. I'm not big on locking everyone up, but there have to be more severe consequences to fit the crime. Crikey - in the same edition of the paper it said that street preachers in downtown New Orleans are now banned at night and will have to serve time if they don't! And they'd only be guilty of trying to save some wayward souls. (ironic laugh)

[Kevin Love]

The Highway Traffic Act offence of careless driving is punishable by up to six months in prison. If the judge chooses to not apply the law in his sentencing, then a complaint should be made against the judge.

From:
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK205

Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years

[Bill]

@Kevin I agree with you about the jail time. The precedent seems to be that if the guilty person has a clear record (that is no other fines for criminal offences or jail time for previous convictions), a jail term is not likely to be imposed. The term of probation was considered unusual in this case -- effectively it is a suspended sentence. If Waltenberry shows up in front of judge again for a driving offence within the term of probation, he is likely to do some jail time unless he can show cause not to. Still, it's not like this was a fender bender. He killed Tiberiu David. Some kind of jail time might have been warranted.

[Kevin Love]

Bill,

"Might have been"?

I wager that if he had killed with a gun instead of a car this man would be in jail right now.

This is part of a clear pattern of discrimination. Just like black people being lynched in the 1950's US South.

I note that even the fines have a range of $400-2000. The midway point of that range is $1,200. This man got less than that!

The message that I am getting from this judge is that I am not a real person and my life is worth less than a medium-quallity home entertainment system. The law in his courtroom will not protect me from death or injury or being terrorized by criminal thugs.