A judge in Penticton will need more time to decide whether to put a man behind bars after his dangerous driving resulted in the death of a young woman in Hedley in 2019.
Judge Shannon Keyes previously ruled that Andrey Malyshev, 49, was guilty of dangerous driving during a March 2019 incident. Alanna Dunn, 27, was killed in a crash between her vehicle and the commercial truck Malyshev was driving.
Malyshev was on his usual route, eastbound on Highway, when the crash happened.
The judge weighed evidence from the truck's dash cam footage, the officer on scene and the speed Maylshev was going in her pronouncement of guilt.
Dunn left behind a 10-year-old son, a three-year-old daughter and a fiancé.
“It has had an enormous tragic impact on multiple people,” said Crown prosecutor Andrew Vandersluys, adding that Malyshev insists it was an accident.
“He acknowledges that it was a tragic incident and it left devastation in its wake.”
On March 22, 2019, Malyshev’s truck and trailer overturned as it rounded a corner, sliding sideways into the westbound lane of traffic and striking Dunn's vehicle.
The tractor was pulling a trailer loaded with a sea can, containing a bladder full of wine. Malyshev was on a route from Delta to Oliver travelling along Highway 3 during the late night and early morning hours.
The driver had driven the same route with the same cargo the previous day.
Both vehicles were previously confirmed to have met safety standards under the Motor Vehicle Act, and there was no suggestion the crash was caused by a mechanical defect or slippery or wet road conditions.
Dash-cam footage from the truck showed Malyshev cross the centre road line 27 times on the night of the incident, 17 of which he crossed a double solid yellow line and drove for extended periods of time on the wrong side of the road.
It was estimated that Malyshev’s truck was travelling between 74 to 83 km/h when it toppled over and it began to slide. The electronic device equipped in his truck shows he was travelling 78 km/h.
While Malyshev was driving below the 100 km/h speed limit posted on the highway, it had been ruled by Judge Keyes that it was still far in excess of the recommended speed of 60 km/h caution signs posted before coming around the curve.
The Crown noted it had been proven Malyshev was driving too fast for his truck to remain upright, causing the crash. He argued a period of incarceration would be appropriate for this crime, between three to five years, along with a driving prohibition for a period of at least five years.
Defence council Cory Armour countered in his submission by saying that since Malyshev had no prior incidents or negative driving history, the length of incarceration was unfair.
“Malyshev did not set out that morning with the intent of having this accident or killing a person through this incident,” he said.
“That is not to say he doesn't have any insight into his actions. He has shown that through his subsequent driving history … He has really taken this to heart.”
Since the accident, Malyshev has struggled with sleep and mental health.
“Although no guilty plea was entered in this case … I don’t want to leave an impression that he is not remorseful,” Armour said. “He's obviously taken steps to learn from it.”
Armour asked the judge to consider a conditional sentence order, which would spare Malyshev jail time.
"I regret deeply that it happened," Malyshev said, speaking through a translator, when given a chance to address the court. He added that he never expected or intended the crash to happen, and that if he could change it, he would.
Judge Keyes said she would need time to consider the submissions before making her decision.
Malyshev will return to hear his sentence at on as-yet undecided date in the new year.