Photo by Whitehorse Star
Above: GONE, BUT WELL-REMEMBERED – Aliesha Narain died at the age of 33 in the 2010 collision near the Wolf Creek Campground. Below: GRIM REMAINS – Aliesha Narain was driving this vehicle when it was struck by the truck driven by Carcross resident Charlie James. His tires were virtually bald.
A 67-year-old Carcross man has been given the maximum sentence after being found guilty of careless driving in a collision which killed a Whitehorse woman.
A 67-year-old Carcross man has been given the maximum sentence after being found guilty of careless driving in a collision which killed a Whitehorse woman.
Charlie James was sentenced to 90 days and a $1,000 fine Thursday afternoon in territorial court.
But, Judge Mike Hubbard ruled he could serve that time under house arrest.
On Nov. 4, 2010, Aliesha Narain was driving on the Alaska Highway near the Wolf Creek Campground when James lost control of his 2005 GMC truck, crossed the centre line, and the vehicles collided.
The 33-year-old woman was killed instantly, the court heard.
Hubbard ruled that James was driving too fast for the icy road conditions on nearly-bald all-season tires when the collision occurred.
Both drivers were wearing seatbelts at the time of the crash, and neither had any alcohol or drugs in their system. James suffered minor injuries.
Narain was an office manager at the Yukon Environmental and Socioeconomic Assessment Board (YESAB).
She was originally hired to run the Watson Lake office. From Watson Lake, Narain moved to the Teslin office, then came to the capital to run the head office on Strickland Street.
Crown prosecutor Judith Hartling told the judge the maximum sentence could remind others about the importance of checking their tires and acknowledge the harm that has been done to the community.
Narain's mother wore a large button bearing her daughter's photo and wept quietly after the verdict was announced.
Her father, Harry Narain, read a statement to the judge before James was sentenced.
He said James had approached the family to apologize, but that they could never completely forgive him.
"We cannot find absolute forgiveness,” he said. "Our token of forgiveness is as superficial as your apology to us yesterday.”
The grieving father called his daughter a role model of diligence and conduct.
"One minute, she was full of hope and love for man and nature, and the next minute, she was gone,” he said.
He said the family is taking small comfort in the fact that Narain died quickly and that "her pain was fleeting.”
He went on to thank the citizens and emergency personnel who rushed to his daughter's aid that fateful evening in November.
Defence lawyer Bob Dick said James is very remorseful over what happened but does not express himself well.
He will spend the next three months confined to his home except for emergency situations and to attend work.
James also had his licence suspended for three months.
Narain's long-time partner filed a lawsuit against James late last year for unspecified damages.
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Comments (17)
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maureen on Feb 20, 2012 at 8:07 am
I do not understand why the accused was only charged with driving with undue care and attention. What about negligence and speeding also the all seasoned bald tires? The RCMP should have charged him with negligence homicide because of dangerous driving and failing to maintain his vehicle with winter tires. He did not have any regard for the safety of human lives. This tragedy could have involved more road users if there was more traffic going in the same direction as Aliesha. The offender did not get the punishment he deserved for killing the victim so cruelly. He got off very lightly with minor charges and allowed to walk freely whils't Aliesha's friends and family have to deal constantly with the enormous pain and suffering of losing her so soon. In my opinion the RCMP was too lenient with the charges against the accused, they just gave him a pat on the back. It is very unfair considering the magnitude of such a serious crime. Something needs to be done urgently to protect other human beings from this kind of recklessness.
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Jeremy on Feb 19, 2012 at 7:18 am
Of course the drivers negligence was the cause of the accident. However the RCMP actually need to enforce the laws of the land. For instance I can drive from my home in Granger to down town. Between here and there I will encounter a least a half dozen vehicles unfit for the road because of the tires, lack of mirrors, head lights, marker lights or signal lights. The majority of yukoners sail through a stop sign as though it was a yield sign. Many speed or drive aggressively. The RCMP seemed genuinely shocked when they actually did their job and had spot checks and found dozens of drivers high and drunk.
I'm amazed more people aren't killed every year.
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unforgivable on Feb 18, 2012 at 7:46 am
"(Judge) Hubbard ruled that James was driving too fast for the icy road conditions on nearly-bald all-season tires when the collision occurred."
I don't believe Aliesha set out that day to participate in anyone's deadly crap shoot game.
Preventable loss of life along with the overwhelming pain and suffering that loved ones surely feel for many years rests solely on the consciences of participants, supporters and enablers of irresponsible behaviour.
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Christine on Feb 16, 2012 at 11:20 am
This tragedy has a very deep impact on me because I had just participated in a Sudden Impact Program. It showed a mother who watched agonizingly as her daughter was photographed as a fatality statistic, toe-tagged and zipped into a body bag by the Coroner's Office. Tears flowed uncontrollably. The Sudden Impact Program stages these mock crashes at high schools to demonstrate the consequences of reckless, distracted, poor judgement and impaired driving. There's however, no excuse when older drivers are irresponsible, they should have enough experience.
It's extremely heartbreaking that one so young as Aliesha had to pay the price for the negligence of someone older. No one else should have to suffer the same fate because of such a senseless, preventable tragedy. I suggest that a law should be enforced for everyone in the Yukon to have proper winter tires come September - October. The offender was totally irresponsible and he will have to live with that guilt on his mind.
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north of 60 on Feb 16, 2012 at 10:03 am
This is a clear case of negligent homicide. The driver has clearly shown that they do not possess the necessary good judgement to share the road with responsible drivers. At the very least the driver should loose their privilege to drive for the rest of their life. They can still walk, their victim can't.
The victim's family and friends could choose to pursue this in the civil courts since the criminal court has not dispensed meaningful justice. If they did, it's likely that many of us would contribute to their legal fees.
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Billy Polson on Feb 16, 2012 at 6:08 am
No one can expect forgiveness when their negligence causes the death of another.
We're all capable of a lapse of judgement. In this case not maintaining his vehicle with good tires (for whatever reason)was such poor judgment, it took the life of this fine young lady.
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Jennifer on Feb 15, 2012 at 1:06 pm
The accused was not the only user of the road at that time. Other road users passed at the same time without any mishap becuase they were careful and considerate and had properly maintained their vehicles before attempting to use the roads. Had it been the innocent victim who had caused the tragedy and the accused was robbed of his life, would his family be happy about it and shake their heads very nicely? This is negligence homicide and the penalty does not fit the crime, it's an insult to injury.
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yukoner on Feb 14, 2012 at 2:25 pm
I know this man. He is a very nice man and would give you the shirt off his back kinda guy. i also know the stretch of road where the accident occurred. I know a person will lose control there no matter what kind of tires you have when icy. i don't believe Mr. James set out that day to harm anyone and if the family can't forgive him that's on them. He did apologize. What's gonna help you people? To keep him in jail for the rest of his life? Will that help anyone?
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Patrick on Feb 14, 2012 at 9:35 am
Over time there may be forgiveness but not necessarily.
There are many things done on a daily basis which can hurt other people. Examples are impaired driving (even one beer can impair a person when conditions are severe in my mind), using cellphones while driving, speeding, bald tires, carlessness etc.
Accidents are accidents and each person has to assume responsibility for their actions and they should know they may never get the satisfaction of forgiveness if they are at fault.
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Yukon Hootch on Feb 14, 2012 at 6:22 am
Damien, because the operator did not use due diligence he consciously made a decision to put himself and others at risk each day he drove. There is nothing ‘accidental' about what happened. No one is saying he set out with intent to kill her but he knowingly took a disregard for safety and a fatality was the result.
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Damien Lankow on Feb 13, 2012 at 12:23 pm
Repentant for what?? It was an accident. You people are acting like he murdered her on purpose. Give your heads a shake.
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north of 60 on Feb 13, 2012 at 10:46 am
It was NOT an 'accident', it was carelessness [bald tires and empty pick-up bed] and driving too fast for the road conditions.
The sentence is way too light for killing someone.
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Brice Carruthers on Feb 13, 2012 at 6:30 am
I interacted with Aliesha on several occasions when she worked at YESAB. She was intelligent, meticulous, and hard-working. It is sad that such a nice and talented person was snuffed out at such a young age by someone much older.
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anonymous on Feb 12, 2012 at 5:36 am
I would not call it an accident that he was driving on bald all season tires. i would not forgive or forget it was completely his fault.
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Michael Tillmann on Feb 11, 2012 at 3:25 pm
"Bad men are full of repentance." -- Aristotle
Lots of people claim to be repentant. Are they? Perhaps. Perhaps not. However, repentance can not erase the loss of a life, and expecting persons who were victimized to forgive, as if it is their duty to forgive, is callous.
No person who has been done wrong has a duty to forgive. It is up to him or her to decide for himself or herself whether they wish to extend that mercy to a wrongdoer.
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flyingfur on Feb 11, 2012 at 11:33 am
Damien: I understand their pain well and honesty about how valid forgiveness would be under the circumstances. "Low end" to me would be someone criticizing how a family who has lost a daughter is feeling.
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damien lankow on Feb 10, 2012 at 12:00 pm
I think it is VERY low end that this family cannot figure this man for an ACCIDENT. I have seen people forgive people for murdering a family member. Just my opinion, but it seems low end. It was an accident.