A judge has sentenced 22-year-old Mitch Nahnybida to 40 months in prison for causing the death of his friend Eric Whitehawk.
Whitehawk died of injuries sustained in a crash caused by Nahnybida when he fell asleep at the wheel and lost control of his pickup truck while travelling at a high rate of speed on Hwy 5 near Mikado in August 2013.
In December 2015, a jury found Nahnybida guilty of dangerous driving causing death. He also pleaded guilty to one count each of refusing to give a breath sample, driving while disqualified and breach of probation.
At a sentencing hearing today, Madam Justice L.L. Krogan said the sentence, which falls within the middle of the range for dangerous driving causing death, was appropriate because she found Nahnybida's moral blameworthiness high due to a significant history criminal driving offences and ignoring court orders. She also considered the impact on Whitehawk's family, some of whom provided victim impact statements, as an aggravating factor.
She did take into account Nahnybida's youth and remorse as mitigating factors, but believed significant jail time was required to satisfy the priniciples of sentencing.
Members of the Whitehawk family, some of whom appeared at the sentencing wearing "Justice for Eric," t-shirts issued a statement following the hearing.
"No family is ever satisfied with the judgment when there is a loss of life," it said. "Every day we mourn the loss of our beloved Eric Whitehawk."
For in-depth coverage of this story, please see the July 27 print edition of Yorkton This Week.
