'My family forgives you': Father of fatal drunk driving crash victim speaks at sentencing hearing

Five months after he learned he would die if he continued to consume alcohol, Robin Erskine lost consciousness while driving and killed a man who had been standing in a green space off Edmonton Trail N.E.

Erskine, 38, was convicted of dangerous driving causing death and impaired driving causing death after he killed Chris Muise, 36, on April 20, 2021.

Court heard that Erskine had a blood-alcohol level of .08 two hours after the fatal collision. 

He also had a newly diagnosed condition that would, that day, cause him to aspirate, vomit and cough until he passed out — a precancerous condition caused by long-term alcohol abuse, according to evidence presented at his trial earlier this year. 

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Details of the incident come from Justice Karen Molle's conviction decision in April. 

On Thursday, the case was back before Molle for a sentencing hearing. 

Prosecutor James Thomas asked Molle to impose a six-year prison sentence plus a 10-year driving prohibition.

Defence lawyer Ian Savage argued a three-year sentence and a five-to-six year driving prohibition was more appropriate. 

'Hearts completely shattered'

In a victim impact statement, Muise's father Paul Muise described his son as a passionate sports fan who'd taken a vacation day on the day he was killed.

Learning of his death "our hearts completely shattered and we ached to the core of our souls," wrote Paul.

Speaking for the family and despite their sorrow, Paul said his family believes in unconditional forgiveness.

"Robin, my family forgives you," he wrote. 

When given the chance to address the court, Erskine said he understands there's nothing he can do to bring Muise back. 

"I just want to actually really express to the family … how much pain there is in my heart," he said. 

"Thank you for saying you're finding a way to forgive me. I wasn't expecting that and I haven't been able to do that for myself."

Vomited a third of his blood 

In his submissions, Savage told Molle that Erskine's alcoholism is connected to a diagnosis of PTSD. 

While working at a rail yard in Calgary, Erskine witnessed a man jump in front of a train as a means of taking his own life. 

Erskine became a serious, long-term abuser of alcohol. 

By April 2021, Molle heard that Erskine was consuming 26 ounces of hard alcohol per day.

Five months before he killed Muise, Erskine was taken to hospital by ambulance because he was vomiting blood. 

Doctors estimated he lost about one-third of his blood and was diagnosed with a precancerous condition resulting from his long-term alcohol abuse. 

Erskine passed out 

Erskine was told to stop drinking or he could die. He has severe esophagitis, an esophageal ulcer, and gastroesophageal reflux disease (GERD). 

When a person with GERD drinks alcohol, they are at risk of vomiting, aspirating, coughing and losing consciousness. 

After he was released from hospital, Erskine continued to drink. 

On April 20, 2021, Erskine was driving home from the gym when he began to feel unwell. 

Molle found that based on the evidence, Erskine lost consciousness for several seconds after throwing up. 

Erskine failed to negotiate a curve in the road, crossed two lanes of traffic and drove up onto a grassy area, striking and killing Muise. 

Blood-alcohol level of .08

In the immediate aftermath, video evidence showed vomit on Erskine's shirt and he told witnesses that he'd vomited and passed out. 

Witnesses described him as appearing pale, unwell and in shock. 

Police determined that two hours after the fatal crash, Erskine had a blood-alcohol level of .08. 

Molle ruled that Erskine was guilty of the two charges because "a reasonable person would have foreseen the risk of a collision in Mr. Erskine's circumstances."

Not only did Erskine choose to drive after consuming alcohol, "when feeling ill, he continued to drive rather than pull over and seek help," said Molle in her decision. 

Molle will deliver her decision in the coming weeks. 

If you or someone you know is struggling with substance abuse, here's where to get help:

• Government of Canada list of resources and services

• Kids Help Phone: 1-800-668-6868. Text 686868. Live chat counselling on the website.

If you or someone you know is struggling, here's where to get help:

• Canada's Suicide Crisis Helpline: Call or text 988.

• Kids Help Phone: 1-800-668-6868. Text 686868. Live chat counselling on the website.

• Canadian Association for Suicide Prevention: Find a 24-hour crisis centre.

• This guide from the Centre for Addiction and Mental Health outlines how to talk about suicide with someone you're worried about.