Halifax, ns - A Halifax man who crashed a stolen van into another vehicle in Dartmouth in August 2015, killing the driver, has been handed a 7. 5-year prison sentence.
Cecil Anthony Boutilier, 36, pleaded guilty inJune to three charges — criminal negligencecausing the death of Harry Blackburn, failing toremain at the scene of an accident and theft
of a motor vehicle.
Boutilier was sentenced Wednesday in Nova Scotia Supreme Court by Justice James Chipman, who took two years and 39 days off the sentence for remand credit.
That makes the net sentence about five years and five months.
Crown attorney Will Mathers asked for a sentence of 11 years, pointing to Boutilier’s record of 50 prior convictions,
many involving stolen vehicles.
Defence lawyer Colin Coady suggested a sentence of four years.
“I am of the view that Mr. Boutilier is a habitual car thief,”
Chipman said in his decision.
“Regrettably, he has shown no hesitation in putting other drivers at risk when pursued by police or . . . vehicle owners. This time his actions resulted in the death of the completely innocent Harry Blackburn.”
According to an agreed statement of facts, Boutilier stole a white Chevrolet van from No Bull Auto on Windmill Road in Dartmouth on Aug. 9, 2015, at about 11 p.m.
The owners of the dealership saw the van collide with a pole as Boutilier sped away from the property. They proceeded to pursue the stolen vehicle.
Boutilier drove the vehicle about 1.8 kilometres before crashing into Blackburn’s Volkswagen car at the intersection of Windmill and Victoria roads.
The force of the impact drove the Volkswagen across five lanes of traffic, as well as the median, and onto the grass in front of the Fairley and Stevens Ford dealership across the street.
Investigators determined the speed of the stolen vehicle was 123 km/h four seconds prior to impact and 88 km/h one second before impact.
The speed limit on Windmill Road approaching the intersection is 50 km/h.
Boutilier abandoned the van after the crash and fled on foot. Police used a dog to track him down at a nearby container storage compound.
Blackburn, 56, of Halifax,
died in hospital two hours later.
Boutilier was prohibited from driving at the time of the incident and was on probation.
“The victim was merely lawfully driving his vehicle on a summer evening when he was hit by the stolen vehicle driven at a very high rate of speed by Mr. Boutilier,” the judge said. “I am accordingly drawn to the Crown’s submission that only the separation of Mr. Boutilier from society will ensure the public’s safety.
“Having said this, I am mindful of defence arguments and find that certain of the cases relied on by the Crown provide even more egregious circumstances that what is present here.”
Tina Beaton said Blackburn, her brother, was “a wonderful person.”
“Everything about him was his family,” Beaton said in her victim impact statement. “He was so caring and kind and always put a smile on everyone’s face. . . . He was a ray of sunshine and you never forgot him.”
She said she and her brother cared for their elderly mother together.
“Harry was like a twin to me,” Beaton said. “We talked every day of our lives.
“Knowing that I had to go tell my mom what happened, that was the worst day of my life ever.”
She said her family will never be the same.
“We are all broken,” she said. “My heart is broken forever. My home is not my home anymore. I feel like I still have a lot of grieving to do but I can’t.”
Boutilier stood and apologized to Blackburn’s family in court.
“I know there are probably a lot of people who wished that it would have been me who died in that car accident,” Boutilier said. “There have been days where I wish it had been me instead.
“If I could take it all back, I would. But I’m here and I’m sorry.”
He said he wants to make positive changes in his life and move forward, “not just for myself and my family and loved ones, but for Harry as well. I feel that I owe him at least that much, to do better with what I have left.”
The judge ordered Boutilier to provide a DNA sample for a national databank and imposed a lifetime driving prohibition.
Chipman recommended that Boutilier, who is of Mi’kmaq and African-Nova Scotian descent, receive cultural-based counselling while in prison.
-Steve Bruce
