RCMP Watch

Jack Wilson, Wetaskiwin, Alberta (Canadian Press) - A truck driver found guilty of dangerous driving causing death for smashing into an Alberta RCMP officer’s cruiser has escaped jail time.

Marvin George Smith, 61, was given a two-year conditional sentence in Wetaskiwin, court yesterday following his conviction last November.

He was also found guilty of dangerous driving causing bodily harm for injuries another officer suffered in the same crash.

Const. Jose Agostinho, 45, died when Smith’s delivery truck slammed into his cruiser while he was investigating another accident on busy Highway 2 south of Edmonton in July 2005.

In passing sentence, Court of Queen’s Bench Justice Eric Macklin said Agostinho was a hero because his death may have prevented Smith from hitting someone else further down the road, or at another time in his driving career.

Agostinho’s widow, Cheryl, kicked the door in anger as she stormed out of the courtroom.

“We have a legal system in Canada but no justice system. Something has to be done,” Cheryl Agostinho said outside court.

Agostinho was sitting in the police cruiser when it was struck by Smith, who was travelling at 110 kmh. The day was bright and clear.

Smith also had his driver’s licence suspended for five years.

“We’re very disappointed,” said daughter Stephanie Agostinho, 21.

“As far as we’re concerned, house arrest is not a punishment. Although there are restrictions, it’s not the same as being in prison.”

A sleep expert testified at the trial that Smith may have had his eyes open, but he wasn’t processing what he was seeing.

The expert said a survey among truckers showed that almost one-fifth of them admitted to driving asleep in the month before the survey.

Macklin said that information was frightening for other motorists.

This was the second time that Smith struck a police officer on the same highway.

In 1994, Smith drove a truck into a marked police car and an RCMP officer who had stopped another vehicle for speeding near Ponoka.

The officer suffered serious injuries and was forced to leave his job due to his injuries. Smith was convicted, but the decision was overturned on appeal.

“How is it that when a person kills someone there is no punishment other than a slap on the wrist?” Stephanie Agostinho asked.

Constant delays have caused hardship for her family, she added.

“No family should have to deal with this for almost three years.”