No jail time for ex-cop who killed woman in car crash
A formerWinnipeg police officer was given a conditional sentence of two years less a day Monday for killing a woman in a car accident on the outskirts of the city in 2005.
The sentence will allow Derek Harveymordenzenk— also known as Derek Harvey-Zenk— to remain free in the community.
He will have to abide by several conditions, including remainingat home between8 p.m. to 6 a.m., abstaining from alcohol and drugs,completing a substance-abuse treatment program and performing 180 hours of community service.
"What we all know what happened, and the casein court, is worlds apart.… This lends itself to why many feel you're here, in the proverbial sense, getting away with murder." —Judge Raymond Wyant
A clearly frustrated Raymond Wyant, chief judge of theprovincial court, had strong words about how the case was handled.
He saidhe struggled with the case, especially with the plea agreement that resulted in the jointrecommendation from the defence and Crownfor the two-year conditional sentence.
"Mr. Zenk, judges don't leave their common sense or their life at the door when they don their robes. We're human beings like everyone else, so let me tell you what many people really believe happened 2½ years ago —not because I can take it into account, but because it's in the minds of many people and why this case has attracted emotion, passion and controversy," Wyant said in court.
"Simply put, Mr. Zenk, what many people believe is that after work on Feb. 24, 2005, you went out partying and drinking with your friends and police colleagues. You went to a bar until closing time and then returned to the home of one of your friends where the partying continued until the early morning hours.
"We draw on our own experiences, Mr. Zenk. And for many, our experiences may tell us you partied and drank the night away, and then, just past 7a.m., you got in your vehicle and drove home loaded, and plowed into the back of Crystal Taman's car, killing her," Wyant said.
But in the end, Wyant acknowledged,the courtdid not hear sufficient evidence to allow him to deviate from the sentencing agreement.
"What we all know what happened, and the casein court, is worlds apart," he said."This lends itself to why many feel you're here, in the proverbial sense, getting away with murder."
'Not the ending we wanted': Taman
In a deal with prosecutors, Harveymordenzenk pleaded guilty in July to a single charge of dangerous driving causing death in the crash that killed Crystal Ann Taman, a 40-year-old mother of three whose convertible was stopped at a traffic light at the corner of Highway 59 and the Perimeter Highway when it was hit from behind.
Harveymordenzenk was initially charged with refusing a breathalyzer, impaired driving causing death and criminal negligence causing death, but those charges were dropped without explanation when Harveymordenzenk pleaded guilty to dangerous driving.
The court heard that Harveymordenzenk had been out at an after-shift party with off-duty colleagues in the hours before the crash, but no evidence was offered in the case about whether the former officer had been drinking.
'It's not the ending we wanted … I think it's time for regular people to stand up.' —Taman's husband, Robert
Prosecutor Marty Minuk acknowledged in court in September that the investigation of the crash by the police force in East St. Paul, a Winnipeg suburb, was "not satisfactory."
Wyant said Minuk did not err in law in the case, but he saidthe prosecutorshould have made the reasons for the plea bargain clear in public.
The judge was also critical of the police investigation into the crash, asking why "police officers trained in the powers of observation seemingly had no relevant evidence."
The force is now under provincial review over the accident investigation and several other incidents that have called into question the way the department was being run.
Outside the courtroom on Monday, Crystal Taman's husband, Robert Taman, blasted Manitoba Justice for its handling of the case, saying his family was never kept properly informed about what was going on.
"My whole family is very emotional. It's not the ending we wanted," Taman said.
"We're just regular folk. Had this have been Mrs. Weinstein or Mrs. Wolson or Mrs. Doer, would we be standing here today, seeing the same saga? I don't think so," he said, referring to the wives of prominent Winnipeg lawyers who have represented police officers, as well as the wife of Premier Gary Doer.
"I think it's time for regular people to stand up."