Whitehorse Daily Star

Rollover robbed woman of her ability to walk

A former Yukoner has been sentenced to eight months behind bars after being found guilty of impaired driving during a rollover that paralyzed one friend and severely injured the other.

By Ashley Joannou on March 6, 2012

A former Yukoner has been sentenced to eight months behind bars after being found guilty of impaired driving during a rollover that paralyzed one friend and severely injured the other.

Michael Schmidt was found guilty of two counts of impaired driving causing bodily harm following a trial last October.

He was acquitted of two counts of dangerous driving causing bodily harm and two counts of driving with a blood alcohol concentration over 0.08.

In Yukon Supreme Court Monday afternoon, Justice Ron Veale sentenced Schmidt to eight months for causing bodily harm to Jessica Frotten and six months for causing bodily harm to Michael Sanderson.

The 30-year-old will serve the two sentences concurrently making his total jail time eight months.

Schmidt, who now lives in Victoria, was also prohibited from driving for three years.

On Dec. 14, 2009, Schmidt was driving north on the Alaska Highway toward Haines Junction with Frotten and Sanderson he rolled his Honda. Both passengers were ejected.

The distance from the start of his skid mark on the highway to the car's resting place was approximately 180 metres.

The vehicle was airborne for some of that distance.

Frotten, then 21, suffered a broken back, a torn aorta, broken feet, punctured lungs, several broken ribs and a concussion.

She spent several weeks in a medically-induced coma at an Edmonton hospital and is now a paraplegic.

Sanderson, then 29, broke his right shoulder, left leg, multiple ribs and tore the ligaments in his left knee.

Today, Frotten lives in Saskatchewan, where she undergoes intense and costly physiotherapy.

Schmidt has admitted to driving at 110 to 113 km/h at the time of the crash.

Much of the trial centred around how much he had to drink leading up to the collision.

He admitted to sharing a pitcher of beer with his friends over lunch and later testified to having had samples of beer at the Yukon Brewery shortly before the crash.

When he was given a breathalyzer test three hours following the rollover, Schmidt's blood alcohol concentration was 0.07. The legal limit is 0.08.

"While Mr. Schmidt's degree of impairment may be described as relatively slight, the consequences of his impaired driving were anything but slight,” Veale said Monday.

The judge echoed the concerns of a probation officer who interviewed Schmidt as part of a pre-sentencing report. The official said Schmidt was minimizing the role alcohol had to play in the rollover.

Schmidt "accepts responsibility for the accident but is skeptical of the alcohol impairment aspect and attempts to justify his decision to drive,” the report said.

"The justification he uses is that he did not buy the alcohol and that he ate a large meal with the drinks.

"He states that ‘it is the opinion of the scientific community at large that food slows the absorption of alcohol.'”

Schmidt believes that although the toxicologist mentioned this in court, it was not given as much weight as it should have, the officer wrote.

"What is troubling for me, and also seems to be so for the probation officer, is the disconnect between Mr. Schmidt's remorse for the accident and the injuries he caused and his unwillingness to take full responsibility for his conduct in driving while impaired,” Veale said.

"His defensiveness at trial can be understood, but not in the pre-sentence report, where he effectively paints himself as a victim of the criminal process.”

Veale said Schmidt's remorse in causing the catastrophic injury to Frotten is genuine and has been evident from the outset.

The judge cites a video of Schmidt being interviewed by police following the crash in which he is often seen sobbing hysterically.

Veale called Schmidt's courtroom apology at his sentencing hearing earlier this year while facing the family of Frotten "complete and genuine.”

In it, Schmidt said he was deeply sorry for the damage that he had caused and hoped his sentence would help change the cavalier attitude in the territory toward drinking and driving.

The judge mentioned a number of impaired driving statistics for the territory, including a 2010 Statistics Canada report which found 408 incidents of the alcohol- or drug-impaired operation of a vehicle in the Yukon.

This compares to 727 incidents for Prince Edward Island, which has roughly four times the Yukon's population.

"Alcohol- and drug-impaired driving is a concern in the Yukon,” Veale said.

The Crown had asked for a jail sentence of between 18 and 24 months along with a driving prohibition of three years. The defence had argued that jail was not necessarily mandatory.

Schmidt is currently unemployed and has no criminal record. He received four tickets for speeding between 1998 and 2003.

At the earlier sentencing hearing, a victim impact statement from Frotten's mother was read into court.

"On December the 14, 2009, a beautiful young woman left our home and walked across our yard,” the statement read.

"She got into your car. That was the last time she walked. The doctors later told her it was the last time she would ever walk again.”

After describing the 28 days her daughter spent in intensive care in Edmonton and the painstaking work she has done since to try to regain mobility, Frotten's mother concludes that she wants Schmidt to have a placard on his car that provides a warning to anyone who drives with him:

"Because of my actions on December 14, 2009, a beautiful woman almost died and was left paralyzed. This was my fault.”

Comments (15)

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Sparky on Mar 16, 2012 at 7:28 am

I always understood that it is the Driver's responsibility to make sure his/her passengers are wearing their seatbelts.

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howard frotten on Mar 16, 2012 at 1:22 am

he still thinks he did nothing wrong

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Jaymanc on Mar 14, 2012 at 11:26 pm

As for the placard thing in front of the car. That's the silliest thing I've heard in a while. Well how about everyone should have a placard saying the things they've done wrong in life. I'm sure the passengers would have placards too. LOL

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Jaymanc on Mar 14, 2012 at 11:22 pm

Well I think the passengers are just as much to blame as the driver in this story. They knew he was drinking, they weren't wearing their seat belts and yet they still drove with him. Unfortunately someone got hurt, but its just as much fault as the driver driving impaired. Seat belts saves lives people, so put them on, they aren't there for looks!

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Alyson Culbert on Mar 13, 2012 at 2:45 pm

What a good idea. Let's take small time offenders with no criminal record and put them in the penal system at great cost to taxpayers. What a benefit to society if we can destroy their future and possibly even have them emerge has hardened criminals.

Although the article did not mention that the other 2 adult passengers chose not to wear their seatbelts (the reason they sustained injuries), it is a fact commonly known among those close to the story. Keep in mind this same article called it a rollover, which it was not.

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yukonlinda on Mar 12, 2012 at 7:56 am

I don't see anywhere in this article where it mentions that anyone wasn't wearing a seatbelt...

And breaking the law and being charged does make this man a criminal, whether it was intentional or not.

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Jacob A. on Mar 12, 2012 at 4:52 am

Not a good idea to throw stones in a glass house.

If you have ever driven a vehicle after having 2-3 drinks, or driven over the speed limit by 20 kms then you should not criticize this young man.

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Alice H. Pyke on Mar 12, 2012 at 4:46 am

"..ACQUITTED of two counts of dangerous driving causing bodily harm and two counts of driving with a blood alcohol concentration over 0.08"

"...Mr. Schmidt's degree of impairment may be described as relatively slight..."

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Michael Tillmann on Mar 10, 2012 at 9:52 am

Sarah Fuller:

He's not a criminal? He drove while impaired. That's a crime, so therefore, since he has been found guilty of it, he is a criminal.

Or perhaps what you meant to say is that you don't personally consider him a criminal? Well, you have the right to your opinion. However, in the eyes of the law, he committed a crime. Also, in my eyes, and the eyes of many others out there; especially those who have lost loved ones to drunk driving.

The passengers exercised some poor judgment getting into the car with an impaired driver (if they knew he was impaired), but still, the lion's share of the blame rests with him, as he was the driver. Whether he intended to cause people harm or not is not the point.

Most of the harm in the world is not caused by people who decide, 'Hey, let's go out and do evil!' Most harm is caused by people who take stupid, careless risks that endanger others.

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Sylvia Burkhard on Mar 9, 2012 at 7:14 am

Cars roll over all the time, some due to reckless driving, some due to nature, the fact is, if a person was wearing a seatbelt and wasn't ejected chances are they would be walking, time for people to be responsible for their decisions, from getting in the car to clicking on that seatbelt-they save lives, period. It's a sad story but personally I don't think all the fault lies with the driver. Hopefully at least one person learns from this, its a start.

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ClevererThanYou on Mar 8, 2012 at 3:05 pm

With good behavior, Michael will be out of prison in 2.6 months; in time to enjoy the summer. The take-home message here is that the laws of physics sentence much harsher than the laws of the land. Wear a seatbelt, kids.

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Sarah Fuller on Mar 8, 2012 at 5:31 am

It's too bad people make assumptions based on news articles. Mike is a wonderful and genuine person with a good heart who would never choose to hurt someone on purpose. Maybe parents should teach their children to wear seatbelts. They save lives, and if one chooses not to wear one, accidents do happen and people are forced to live with the consequences. I am sorry to all involved, but he is no criminal and should not be labeled as one.

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JuneJackson on Mar 7, 2012 at 8:29 am

What is the price you put on life? a beer? that's pretty cheap.

Did anyone anywhere learn anything? i don't think so..this is not the first accident with alcohol or drug involvement.. and unfortunately it won't be the last.

As for the Frotten injuries..i am so sorry this happened to you.. but..its only the end of a chapter..the book goes on... look at Stephan Hawkings.. I hope your book goes on to many exciting chapters..

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Snow Man on Mar 7, 2012 at 5:56 am

8 months in jail? With good behavior and all those other loop holes, this person will spend 4 months in jail I would bet.

Also he looses his license for 3 years. We have a young person who will never walk again and is lucky she didn't die!

Where is the justice in all of this. This person should not get to drive for at least 10 years. In my mind with that he would still be getting of easy.

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scott herron on Mar 7, 2012 at 2:42 am

If he had been sentenced after the new crime bill became law he would not have been able to serve his multiple sentences concurrently. Lucky for him, not those that suffered and continue to suffer due to his actions.

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