Jail term for high-speed-chase driver who kicked police officer

An impaired driver who led police on an early morning chase in St. Catharines that ended when he crashed a Lexus ES 250 into a highway median is lucky he didn’t kill anyone, a local judge said Friday.

“The flight from police, that is terrifying in the sense of what could have happened,” Judge Fergus O’Donnell told James Messer.

“It’s just a matter of sheer luck that you didn’t kill anyone, including your passenger, a matter of luck you didn’t get killed running across the highway, a matter of luck (the police officer) didn’t get killed pursuing you.”

Messer appeared in an Ontario Court of Justice in St. Catharines on Friday and pleaded guilty to a multitude of offences including flight from police and assault.

The defendant, who had been in custody since his arrest, was sentenced to eight months behind bars. Based on the amount of time he had spent in pretrial custody, he must serve an additional 70 days in jail.

“Impaired drivers kill more people in this country than any other criminal cause, period,” the judge told the 45year-old.

“You don’t belong anywhere near a car unless you’re in the passenger seat if you’ve been drinking to excess.”

On Jan. 16, shortly after 2 a.m., court heard, a Niagara Regional Police officer approached Messer as he sat in the Lexus in the area of Sherbourne Street and Dieppe Road in St. Catharines.

Messer drove off at a high rate of speed and was pursued by police.

The chase was abandoned out of concern for public safety after the car entered the Toronto-bound lanes of the Queen Elizabeth Way at speeds reaching 170 kilometres per hour.

The officer, meanwhile, continued on the QEW and observed a plume of smoke in the distance and quickly discovered the car had crashed into a median near Martindale Road.

Messer fled, running across three lanes of traffic and jumping over the centre median. He was arrested following a foot pursuit. Court was told he kicked the officer and spat on a paramedic who had attended the scene.

“The police officer put himself in the line of fire, if you will, by running after you across the highway,” the judge said. “He deserved to go off his shift without getting kicked by somebody.”

O’Donnell also noted the spitting incident with the paramedic was particularly troubling.

“Spitting is an assault that has a strong level of contempt for the person and, secondly, it has a high level of risk, or fear of risk, on the part of the person who is spat on…especially if they are spat in the face where they might ingest the spittle.”

Defence lawyer Bobbie Walker said her client was “horrified” by his behaviour that night and is remorseful for actions.