Photo: Archive photo
A Penticton judge needs 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 convicted that Andrey Malyshev, 49, was guilty of dangerous driving during an incident in March 2019. Alanna Dunn, 29, was killed in a collision between her vehicle and the commercial truck Malyshev was driving.
Malyshev was on his usual route, eastbound on the highway, when the crash happened.
The judge weighed in evidence from the truck’s dash cam footagethe officer at the scene and the speed Maylshev was going in his plea of guilty.
Dunn left behind a 10-year-old son, a three-year-old daughter and a fiancé.
“It’s had a huge tragic impact on several people,” Crown prosecutor Andrew Vandersluys said, adding that Malyshev insists it was an accident.
“He recognizes 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 and slid sideways into the westbound lane, striking Dunn’s vehicle.
The tractor was pulling a trailer loaded with a can of wine, which contained a bladder full of wine. Malyshev was en route from Delta to Oliver, traveling along Highway 3 during the late night and early morning hours.
The driver had driven the same route with the same load the day before.
Both vehicles were previously confirmed to have met safety standards under the Motor Vehicles Act and there was no suggestion that the accident was caused by a mechanical fault or slippery or wet road conditions.
Dash-cam footage from the truck showed Malyshev crossing the center line 27 times on the night of the incident, 17 of which crossed a double undrawn yellow line and drove for extended periods on the wrong side of the road.
It was estimated that Malyshev’s truck was traveling between 74 and 83 km/h when it overturned and began to slide. The electronic device fitted in his truck shows that he was traveling at 78 km/h.
While Malyshev was driving below the 100km/h speed limit on the motorway, it had been ruled by Judge Keyes that it was still well over the recommended speed of 60km/h.
The Crown noted that it had been proven that Malyshev was driving too fast for his truck to stay upright, causing the crash. He argued that a prison term would be appropriate for this crime, between three to five years, along with a driving ban for a period of at least five years.
Defense counsel Cory Armor countered in his submissions by saying that since Malyshev had no previous incidents or adverse driving history, the length of imprisonment was unfair.
“Malyshev did not leave that morning with the intention of having this accident or killing a person through this incident,” he said.
“This does not mean that he has no 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.
“Even though no guilty plea was entered in this case … I don’t want to leave the impression that he’s not remorseful,” Armor said. “He’s obviously taken steps to learn from it.”
Armor asked the judge to consider a suspended sentence, which would spare Malyshev prison time.
“I deeply regret 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 for 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 face his sentence at an as yet undetermined date in the new year.