Man who fatally ran over brother given $2,000 fine

Two men had been drinking at neighbour’s house the night before

A 51-year-old Smoky Lake man who drove home without stopping after fatally striking his own brother on a highway was fined $2,000 and given a 90-day driving suspension Thursday.

Blaine Prockiw admitted in court that he was the driver who struck his brother Clayton Bradley Procki won Highway 855, five kilometres south of Smoky Lake, on the morning of Sept. 15, 2012.

Around 10 a.m. that day, a passing motorist called RCMP after spotting Clayton Prockiw’s body on the highway. He’d been walking when struck. When RCMP arrived, they found pieces of a vehicle around his body.

Later that day, officers went to the home of Blaine Prockiw to notify him that his brother was dead. While there, they noticed Blaine Prockiw’s damaged Chevrolet Silverado matched the make and model of the suspect vehicle. He was arrested on the spot and charged with dangerous driving causing death.

The night before, the two brothers had gone to a neighbour’s house to drink, Crown prosecutor James Mahon told court. Clayton Prockiw left around 4 a.m. and his brother some time later.

On his way home, Blaine Prockiw ran over his brother. He later made two statements to police.

“He told police he struck something, but didn’t know what it was, and said if he’d known it was his brother or any other person, he would have stopped,” Mahon said. Blaine Prockiw told police he thought he might have hit a traffic sign or animal.

Mahon told court that Clayton Prockiw might have survived his injuries if his brother had stopped and sought medical attention. “It’s clear the accused should have stopped his vehicle when he knew he hit something,” he said.

Mahon said that Blaine Prockiw’s statements to RCMP may have infringed upon his charter right to have a lawyer present during questioning. Those statements were not presented to court.

Blaine Prockiw pleaded guilty to failing to stop at the scene of an accident under the Traffic Safety Act, not the Criminal Code. He received the maximum fine.

Widow Moya Wonsik told court her life changed in a moment when her husband died.

“I miss my Clayton every day,” she said through tears. “I’ll never have my morning coffee with him again. He was always our rock and foundation.”

Outside court, Wonsik said she was “absolutely disappointed” by the sentence.

The brother’s parents were in court to support Blaine.

“As his brother, and as his friend, I know the pain you’ve been through and what you’re going through,” Blaine Prockiw said to his parents from the prisoner’s box. “I’m truly sorry.”

Smoky Lake is roughly 120 kilometres northeast of Edmonton.