Drunk driver who caused violent crash in Whitehorse sentenced to 5 months

A 48-year-old Whitehorse man has been sentenced to five and a half months in jail after being found guilty of drunk driving causing bodily harm.

Mark McCluskey will also serve 12 months probation, and he's prohibited from driving for three years.

Judge Michael Cozens delivered his decision in Yukon Territorial Court Wednesday.

McCluskey was subdued throughout the hearing.

Outside after court there were tears and deep breaths, as family and friends of Naomi Blindheim, one of two people injured, hugged and held each other.

McCluskey was found guilty in March of impaired driving causing bodily harm, and driving with a blood alcohol level over the limit causing bodily harm.

The charges relate to a violent crash that took place on the South Access Extension around 9:30 a.m. on Jan. 20, 2017.

2 people hurt

According to the agreed statement of facts, McCluskey was driving westbound from the Alaska Highway. His blood alcohol level was more than double the legal limit.

Blindheim was driving in the opposite direction. She testified at the trial in November that she saw McCluskey's car swerve and lose control. It crossed the median, flipped and smashed into the front of her vehicle, leaning upside down on her hood.

She said she remembered thinking "this is going to hurt."

Blindheim suffered fractured ribs, a broken cheekbone and nose, facial lacerations, a concussion and a torn rotator cuff.

She spent two nights in Whitehorse General Hospital before being medevaced to Vancouver. She testified she still has breathing problems as a result of the broken nose.

A female passenger in McCluskey's car suffered a dislocated hip, and a long laceration on her lower body.

Blindheim, her husband and her daughter gave victim impact statements after McCluskey was convicted.

They said the crash completely upended their lives. The trauma left severe physical and emotional scars. Blindheim's children struggled to see her so badly injured in hospital, and recovery was emotionally and financially stressful for her and her husband.

Long battle with substance abuse

During the sentencing hearing, the court heard McCluskey had two previous driving convictions, dating back to 1992 and 1993.

The judge also learned of McCluskey's long struggle with alcohol and substance abuse, as well as his battles with depression, anxiety and anger management. McCluskey has spent much of his adult life trying to address his issues through counselling and Alcoholics Anonymous, experiencing periods of sobriety, but frequently relapsing.

McCluskey spoke in court, apologizing to the Blindheim family for the pain he caused. He said he has been "clean and sober" since the crash, and that this was the "first time" in his life he's made real efforts to address his personal issues.

According to reports to the court, he has been in regular counselling since the incident.

While issuing his sentencing decision on Wednesday, Judge Cozens acknowledged the work McCluskey had undertaken on his own, and said he believes McCluskey is genuinely remorseful.

He also emphasized the "significant impact" the crash had on the Blindheims.

McCluskey put untold members of the public at risk, Cozens said, from the passengers in his own car to the many drivers on the road on a weekday morning.

Cozens said McCluskey had prior convictions, which should have been a deterrent, and yet he still chose to drive while impaired, and failed to take steps to avoid injuring others.