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Kelowna  

Turning life around?

UPDATE: 3:55 p.m.

Donald Brodie's defence argued Tuesday that after years of committing crimes, he's working to turn his life around, and his sentence should reflect his rehabilitation.

Defence counsel John Gustafson said a sentence of three to four years is fitting, despite Crown prosecutor David Grabavac arguing earlier in the day Brodie should receive a sentence of 10 years for running down a paper carrier while fleeing police almost four years ago, 

Grabavac said Brodie's extensive criminal history shows that rehabilitation should not be considered in his sentencing, and separating him from society is most important.

Gustafson contended Brodie is working to complete his high school equivalency while in jail and is distancing himself from negative influences while incarcerated.

Justice Martha Devlin said that Brodie's Sept. 30, 2017 razor blade attack against another inmate is in “striking contrast” to the notion he's turning his life around. She also pointed to a 2011 weapons conviction against Brodie, when he also claimed to be turning his life around.

“I'm going to let my actions from this day forward in jail represent the changes that I want to make,” Brodie told the court Tuesday. “I'm going to start changing from today forward ... I respect whatever decision is made by the court today.”

Justice Devlin will sentence Brodie Wednesday morning. 


ORIGINAL: 12:25 p.m.

Almost four years after a paper carrier's life was changed forever when he was struck down in the early hours by a car fleeing police, the man behind the wheel will finally be sentenced.

On Dec. 6, 2013, a black Eagle Talon blew through a police check stop on Springfield Road, leading police on an lengthy chase through Rutland, which ended on Dundee Road when the car careened off the road and into Steve Kania.

The three people in the car, including Donald Brodie and Nathan Fahl, were arrested at the scene.

While Fahl was originally charged as the man behind the wheel, Brodie appealed to police and the media in the following months, claiming to be the driver.

When charges were dropped against Fahl and Brodie was subsequently charged, Brodie changed his tune, claiming he only confessed to help his friend Fahl.

Despite these claims, Brodie was found guilty in September of flight from police causing bodily harm and criminal negligence causing bodily harm.

In his sentencing submissions Tuesday, Crown prosecutor David Grabavac argued a “very, very high sentence” of ten years imprisonment is fitting for Brodie, due to his extensive criminal record, lack of behavioural changes in the past and the immense impact his actions had on Kania.

Kania suffered a severe traumatic brain injury in the incident that Grabavac says has “destroyed Mr. Kania's life.”

At 45-years-old, Kania can no longer live on his own, and now resides in a long-term seniors' care facility.

Brodie has been convicted of 43 offences in the past 18 years, and had been out of prison just 46 days before the Dec. 6 incident.

He was already incarcerated on a separate robbery charge when he was first charged with flight from police, a sentence he continues to serve today.

More recently, Brodie was convicted of a Sept. 30, 2017 jailhouse assault, in which he slashed a fellow inmate across the face and neck with a razor blade, inflicting a 30 centimetre cut.

“Nothing has changed up to today,” Grabavac said.

Brodie's defence will make sentencing arguments Tuesday afternoon, and a sentence is expected Wednesday.



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