A Chatham man has been sentenced after pleading guilty to impaired driving charges in connection to a fatal crash in Pain Court in the summer of 2020.
The crash killed his girlfriend's 7-year-old daughter and injured her 4-year-old daughter and 11-year-old son.
Ben Leveille, now 36, was sentenced to four years in jail minus time already served after he pleaded guilty to impaired driving causing death and impaired driving causing bodily harm on Tuesday in Chatham court. In handing down the sentence, Justice Paul Kowalyshyn said the tragedy would not have happened if Leveille hadn't driven drunk in the first place.
"Mr. Leveille was a suspended driver, not only once but twice, at the time of these offences. Had he been compliant with these suspensions, this tragic day would not have happened period, end of story," said Kowalyshyn. "His plea allows the family of the victims to move forward. It advances the healing process."
Kowalyshyn called Leveille selfish and irresponsible for his decision to drive drunk, and pointed out that the mother will not get to see her daughter grow up. He also noted that the two surviving children have had their lives changed forever by losing a sibling.
"This mixed family will be forever haunted by your actions," Kowalyshyn said.
Leveille was initially charged with impaired driving causing death, criminal negligence causing death, impaired driving causing bodily harm, criminal negligence causing bodily harm, and two counts of driving while under suspension after a single-vehicle crash on Jacob Road near Given Line on July 27, 2020. Leveille was driving with his girlfriend’s three children in the vehicle when he lost control of it, left the road, and flipped it upside down in a water-filled ditch. Police previously said the man was able to save two of the three children but couldn’t save the third. Volunteer firefighters had to later remove the child from the water.
Chatham-Kent Assistant Crown Sarah Renaud read aloud the victim impact statement written by the mother, who is now engaged to Leveille. The mother, who became distraught and had to leave the courtroom at least once, wrote that the day in question was a dreadful day that has changed her life. She added that she would have done anything to have kissed and hugged her daughter and told her that she loved her one last time.
"There are consequences and if he [Leveille] is willing to face these consequences today, then I can find it in my heart to forgive," wrote the mother.
The mother and the children can't be identified because of a publication ban to protect the victims.
Leveille did not have a previous criminal record but did have several driving offences and was driving a vehicle that was not his on the day of the fatal crash.
Leveille is also banned from driving for life, must provide a DNA sample, is not allowed to own or carry any weapons for 10 years after he's released, and can't communicate with the surviving children while he's in jail.
Leveille apologized for what he did.