A Medicine Hat man who killed a motorist on Deerfoot Trail when he drove the wrong way on the divided highway must serve his two-year sentence in jail, a judge ruled Tuesday.
The judge called the incident “a terrible mistake” but ruled that Tyson Giroux, 31, cannot serve his sentence at home under conditions as part of a conditional sentence order (CSO), as requested by the defence.
Earlier this year, Giroux pleaded guilty to dangerous driving causing death. The crash claimed the life of Imanpal Singh Shergill, 27, in December 2022.
According to victim impact statements, Shergill was the cornerstone of his family. He was described as selfless, loyal and dedicated to friends.
Charges of impaired driving causing death were withdrawn Tuesday after Giroux was sentenced.
Prosecutor Renato Di Lorenzo asked Justice Margaret Keelaghan to impose a three-year prison term while defence lawyers Greg Dunn and Matt Deshaye asked the judge to consider a two-year CSO, meaning Giroux would have been allowed to serve his sentence at home, under conditions.
‘Clear and obvious remorse’
Keelaghan noted that Giroux has been sober since the crash. He attended SAIT and is employed as an ironworker, living with his mother in Medicine Hat.
After the crash, Giroux sought counselling.
At the time of the collision, he had no criminal record and has since demonstrated remorse, the judge said in her review of Giroux’s personal circumstances.
When given the opportunity to address the court, Giroux apologized to Shergill’s family.
“His demeanour in the courtroom is one of clear and obvious remorse,” said Keelaghan.
Wrong way on Deerfoot
Although Keelaghan did not find Giroux poses a danger to the community, she noted a sentence served in the community, as proposed by the defence lawyer, would not properly serve the sentencing principles of denunciation and deterrence.
“This was, in my view, a serious case of dangerous driving,” said Keelaghan.
Instead, the judge imposed a two-year prison sentence.
Details of the crime come from an agreed statement of facts filed as part of Giroux’s plea earlier this year.
On Dec. 2, 2022, just after 3 a.m., police were called to a head-on collision on Deerfoot Trail near 32nd Avenue N.E.
Giroux’s pickup truck struck Shergill’s Honda Accord sedan. Shergill, who was found unconscious and unresponsive in the driver’s seat, was declared dead at the scene.
‘You’re going to carry this burden’
According to the agreed statement of facts, Giroux was driving the wrong way on Deerfoot as far back at Memorial Drive.
Giroux’s blood-alcohol level was over the legal limit.
The judge noted a “constellation of factors” that resulted in Giroux driving the wrong way on Deerfoot, including that he’d consumed alcohol, was unfamiliar with the city and that he suffers from sleep apnea.
After handing down the sentence, Keelaghan addressed Giroux before he was taken out of the courtroom by a sheriff.
“Mr. Giroux, this was a difficult case for me,” she said. “You’ve done really well in your life. This was a really terrible mistake.”
“I know you’re going to carry this burden for many years to come, but I hope that it gets lighter as the years go by.”