Calgary Herald

Victim attacks offender after drunk-driving sentencing

- KEVIN MARTIN KMartin@postmedia.com twitter.com/KMartinCou­rts

Severely brain damaged from a near-deadly crash, Calgarian Brandon Chase reacted angrily Wednesday when a judge spared the drunk driver who injured him a stiff jail term.

As Calvin Michael Burns sat waiting for his lawyer outside a Calgary courtroom, Chase pushed aside his handler and, with difficulty walking, approached the offender.

“You almost killed me, f--- you!” Chase yelled, as he threw a bloodred pair of Victoria’s Secret women’s underwear into Burns’ lap before being escorted away.

Minutes earlier, provincial court Judge John Bascom ruled the 12-month sentence sought by Crown prosecutor Ron Simenik would be unduly harsh for Burns, because of his own physical injuries caused in the June 27, 2015, crash.

Instead, Bascom sentenced the Red Deer resident to 90 days to be served on weekends along with two years of probation, which includes six months of living under a curfew.

Bascom agreed with defence lawyer Ian Savage that a longer period behind bars would be too difficult for his client, who was left severely disabled in the crash that injured Chase and a woman.

Burns, 31, earlier pleaded guilty to two counts of injuring people while driving impaired.

He was driving eastbound on Highway 1A near Cochrane when the vehicle he was following made a U-turn.

When Burns tried to make a similar manoeuvre he steered into the path of Shirley Begg, who was unable to stop her SUV before broadsidin­g Burns, sending Chase, Begg and Burns to hospital.

Simenik had suggested the offences would normally draw an 18-month to two-year sentence, but should be reduced to 12 months to take into account the life-altering injuries suffered by Burns.

But Bascom said a punishment greater than weekends in jail would be too harsh.

“A jail term in the range that is suggested by the Crown would be disproport­ionately severe because of his physical and mental impairment,” the judge said.

At his sentencing hearing in July, Burns testified about the effects the accident has had on his own life.

In his evidence, Burns, who suffered a severe brain injury, said he now has difficulty talking, can’t walk without a cane and can’t work the hours he once did.

He said he used to work 10-hour days at the autobody shop where he remains employed, but after four hours, “I’m mentally and physically exhausted.”

Testing of his blood taken while he was in hospital showed he had a blood/alcohol content of 155 to 171 mg of alcohol per 100 ml of blood, about twice the legal driving limit of 80 mg.

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