House arrest for hit-and-run driver
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Updated: July 16, 2009 5:01 PM
A hit-and-run driver’s “devotion to family” and the support of his friends and employer helped earn him a 12-month conditional sentence served at home instead of behind bars, a provincial court judge decided Thursday.
But Ryan Jack Mash, 31, will have to serve the first three months “confined” to his Chilliwack home, except to complete 30 hours of community work service. He must also write an open letter of apology to the family of Jeremy Westwood, and to the community at large, through the two local newspapers.
Mash was also banned from driving for three years, and will be on probation for 12 months, during which he must complete another 60 hours of community service work.
But Judge Russell MacKay noted that Mash “bears high moral culpability” for leaving the scene of the Oct. 30, 2007 accident at Brooks Avenue and Elm Street, and then trying to hide from the authorities.
Mash was arrested less than 24 hours later at a Walters Street residence, about four blocks from the accident scene, by police acting on information gained through their investigation and from public tips.
A police officer who lived in the area had noticed a black 1997 Ford Mustang, similar to one described by witnesses, was not parked in its usual place, and that nearby garage windows had been covered with garbage bags.
Westwood, then 14, who was riding his bike in the crosswalk, suffered head injuries, broken bones and permanent nerve damage in his legs. He is also battling depression, nervousness and constant headaches.
MacKay found Mash was not speeding when he struck Westwood, but “certainly didn’t stop” to help the injured teen.
Crown counsel Pat Burns suggested at an earlier hearing, that if Mash had simply remained at the scene to give evidence to the police, criminal charges might not have been laid.
He said it wasn’t clear whether Westwood “had taken some of the precautions one might take entering a crosswalk” nor was clear whether the Crown could have proved Mash was driving fast enough to win a conviction on a dangerous driving charge.
Mash pleaded guilty in January to charges of dangerous driving causing bodily harm and failure to remain at the scene of an accident.
Defense lawyer Joel Whysall, arguing for the conditional sentence, described his client as a “hard-working” and “gainfully employed” father who is the “sole breadwinner” for his wife and infant daughter.
MacKay said Mash has a criminal record of property offenses and failure to appear in court, and a “not particularly egregious” driving record.
rfreeman@theprogress.com
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