Nothing I can do can mitigate those losses'
The man whose trailer crashed into Dereen Hildebrand's minivan last year, killing her, was given a $1,000-fine in territorial court on Friday afternoon.
The man whose trailer crashed into Dereen Hildebrand's minivan last year, killing her, was given a $1,000-fine in territorial court on Friday afternoon.
Martin Biondelli, 51, was also given given six months' probation with strict driving stipulations.
The Haines Junction mechanic plead guilty to careless driving and operating a trailer without adequate brakes under the Motor Vehicles Act.
Deputy judge Dennis Overend, visiting from British Columbia, said imprisonment was not an appropriate punishment for Biondelli's actions in January 2004.
He could not be sentenced for the heavier penalty of dangerous driving when he was only charged with careless driving, Overend said.
The Criminal Code requires that jail be imposed as a last resort punishment, only after other reasonable sanctions have been considered, Overend explained.
As a result, Biondelli has to pay $1,000 and was given a probation order the involves driving restrictions and reporting to a probation officer.
The conditions of his probation include driving only between the hours of 8 a.m. and 6 p.m. for business purposes, and only within a three-kilometre radius of his work.
Biondelli was 'completely careless' in his decision to drive on icy roads with an overloaded trailer, according to Overend.
The judge described the collision, on that cold and icy January afternoon in the Rabbit's Foot Canyon section of the Alaska, as devastating for all involved.
Biondelli has gone to counselling, Overend said, to deal with the trauma of the accident.
'His body language in court tells me that he is still suffering,' the judge said.
The Hildebrand family, however, has lived through 'a much greater loss,' Overend said.
'The loss of a wife to husband and of a mother to the family,' he said. 'Nothing I can do today can mitigate those losses.'
Biondelli is remorseful, according to Overend, and unlikely to re-offend. The offence was uncharacteristic, he said.
Biondelli has until the Oct. 31 to pay his fine.
Biondelli initially faced six charges under the Motor Vehicles Act including speeding, driving a vehicle that did not conform to safety standards, and failing to maintain the condition of his vehicle and other equipment.
The accident occurred mid-afternoon on Jan. 23, 2004. The road conditions were icy and slippery.
Biondelli was driving to Whitehorse from Haines Junction in his Chevrolet Blazer while towing a car dolly loaded with a Pathfinder.
His trailer was well over the legal weight limit.
En route, the trailer hitch snapped and his trailer jackknifed into the lane of oncoming traffic.
The brakes on Biondelli's trailer were not attached.
Testimony in court was unclear on how much the brakes would have helped under the ice-ridden road conditions. They may have locked on the ice, the court heard.
However, if the trailer had been equipped with working brakes, it's 'much less likely to have jackknifed even in icy conditions,' according to Overend.
At the same time, Hildebrand was driving north, passing through Rabbit's Foot Canyon.
She was wearing her seat belt when the trailer and the Pathfinder skidded into her lane, crashing into the minivan.
Two other cars slid in behind the minivan.
Whitehorse RCMP were alerted to the four-car pileup at 3:30 p.m.
Roads were so slippery that emergency response vehicles were also skidding . A fire truck collided with a Ford Explorer while approaching the scene.
Upon arrival, firefighters had to cut Hildebrand out of the minivan.
The 51-year-old mother of three died at the scene of the collision.
Hildebrand was a local artist of great renown. She was described by friends and colleagues as a quiet, genuine person who was always generous with both her time and her art.
Hildebrand was very proud of her children and dedicated to her family, community members say.
She was an accomplished painter who worked often with pastels, depicting scenes of family life and day-to-day activities. Each year around Christmas time, her paintings would dress the windows in the downtown core.
Hildebrand was also a co-founder of the Arts in the Park program and organized children's art activities at the summer festival.
At the Arts in the Park closing concert on Friday afternoon, veteran local musician Steve Slade paid tribute to his friend by singing a song he wrote that's dedicated to her memory.
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