The sentencing hearing for a Langford man responsible for the death of West Shore RCMP Const. Sarah Beckett will continue Friday in Western Communities provincial court.
The hearing for Kenneth Jacob Fenton, 29, is not expected to conclude on Friday. Court time has been set aside on July 14 for Judge Ronald Lamperson to deliver his decision.
On May 25, Fenton pleaded guilty to impaired driving causing death and dangerous driving causing the death of Beckett, a 32-year-old mother of two young boys. His blood alcohol was 3.5 times over the legal limit at the time.
She was killed on the early morning of April 5, 2016, when Fenton’s pickup ran a red light at the intersection of Goldstream Avenue and Peatt Road and struck her police cruiser.
At last week’s sentencing hearing, defence lawyer Dale Marshall presented to the court Fenton’s Island Health medical records, 32 character letters and training certificates.
Fenton, who has a four-year-old son, had a normal childhood, playing soccer and baseball, and was in a travelling paintball league, Marshall said. In January 2007, he graduated from Belmont Secondary, where he was proficient in industrial arts. He knew his way around a shop and became the teacher’s assistant to all grades of shop students, Marshall said.
“His passion was working in his father’s shop with welding and metal fabrication, making go-carts and mini-bikes.”
Fenton later attended Camosun College for the gas-fitter apprentice program.
Immediately after the fatal collision, hospital staff were concerned he might kill himself.
He was assessed at the Royal Jubilee mental health clinic, then referred to an assessment and treatment program at Island Health.
Fenton struggles day to day with suicidal thoughts, and has experienced flashbacks and nightmares, said Marshall, who argues Fenton’s early guilty plea indicates he is genuinely remorseful. He said Fenton met with him in August 2016 before he was charged and “made it very clear to us he intended to plead guilty.”
He has been on bail since Sept. 14, 2016, without any breaches and no longer consumes alcohol, Marshall said.
Fenton has a good employment history and the support of his extended family, which will help with his rehabilitation, he said.
“This is something he has lived with every day since, and understands he will live with every day moving forward. He does not for a moment suggest that he can understand how the family and friends of Ms. Beckett feel. He’s trying, but he knows he’s hurt a lot of people as a result of it.”
Marshall said though Fenton is morally culpable, the act was not intentional, targeted or malicious. “Mr. Fenton made a serious error in judgment when he got behind the wheel that night. … He made that error when he was affected by alcohol, at a time when he was suffering from the grief of the loss of a friend.”
Although he had no previous criminal record, Fenton’s driving record includes two 24-hour prohibitions from 2006 and 2010.
The 2010 prohibition led to a charge under the Motor Vehicle Act of driving without due care and attention. Fenton has been prohibited from driving at various times.
The Crown has asked for a prison sentence of up to five years. Marshall is asking for a three-year sentence.
