Wengenmayr to serve 18 months
Cody Wengenmayr will spend the next 18 months behind bars after being found guilty of impaired driving causing death.
Mr. Justice Gregory Bowden imposed the sentence Friday afternoon in Supreme Court in Kelowna.
Wengenmayr was found guilty in November in the August 30, 2010 death of six-year-old Trey Alphonse.
The young boy and his mother Iris Alphonse were crossing Highway 97 near Orchard Park when they were struck by the vehicle Wengenmayr was driving. Iris Alphonse suffered serious injuries during the crash.
Wengenmayr blew a blood alcohol level of .09 two hours after the incident.
Along with the two year sentence for impaired driving causing death, Wengenmayr was also sentenced to one year for impaired driving causing bodily harm to be served concurrently.
He was also placed on two years probation and will be prohibited from driving for two years.
As a condition of his probation, Wengenmayr will not be allowed to consume alcohol or drugs and he will not be permitted to enter:
- a liquor store
- beer and wine store
- or pub
He will be required to complete counselling as directed by his probation officer and complete 50 hours of community service as directed.
Judge Bowden suggested that may entail speaking to school kids about the dangers and consequences of drinking and driving.
Wengenmayr, who sat with his head down during much of the judge's lengthy dissertation, did not appear to show any emotion during sentencing.
His mother, sitting in the front row sobbed openly while other supporters wept and hugged.
The victim was not in the courtroom for sentencing.
In handing down judgment, Mr. Justice Bowden stated that, unlike any other crime in that nothing much can be offered for driving drunk.
"Crimes of theft may be motivated by poverty, crimes of assault may be motivated by fear but what excuse can be offered for driving drunk except that alcohol allowed the offender to lose all sense of judgment," stated Justice Bowden.
The judge further determined that, while Wengenmayr's actions contributed to the injuries to Iris Alphonse and the death of her son Trey, he also acknowledged the actions of the mother (crossing away from a crosswalk) was also a contributing factor.
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