RCMP Watch

Dean Pritchard (Sun Media) - A former Winnipeg cop who killed a mother in a car crash after a night spent partying with fellow officers was spared a jail sentence yesterday.

Judge Ray Wyant granted Derek Harvey-Zenk a two-year conditional sentence for dangerous driving causing death, upholding a controversial joint recommendation that outraged Crystal Taman’s family.

Wyant said he could not sentence Harvey-Zenk on what he believed really happened without evidence before him to support it.
Wyant began the hearing by directing an apology to Taman’s family.

“Like a lot of people, I wish I could wave a magic wand and turn back time, but life’s not like that,” he said, his voice appearing to crack with emotion. “We have no second chances here.”

Taman was on her way to work, stopped at a red light in the southbound lane of Highway 59 just north of the Perimeter Highway about 7 a.m. on Feb. 25, 2005, when her convertible was rear-ended by Harvey-Zenk’s pickup truck.

Wyant had stinging criticism for special prosecutor Marty Minuk and defence lawyer Richard Wolson, who made no mention at an August sentencing hearing that their conditional sentence recommendation came as the result of a plea bargain.

That only became clear after Wyant expressed serious concerns about the recommendation and ordered the case be adjourned for further submissions in September.

Court has heard Harvey-Zenk spent several hours at a city lounge the evening before the crash and then headed to a co-worker’s home for an all-night party.

There was no evidence presented from fellow police officers as to how much alcohol Harvey-Zenk consumed that night. Minuk could only provide the court with “anecdotal evidence” that Harvey-Zenk consumed “some” alcohol, said Wyant.

“Police trained in the power of observation seemingly had no relevant information to present to the court about Mr. Harvey-Zenk’s activities prior to the collision,” Wyant said. “This lack of evidence appears to be more a matter of the ‘thin blue line’ protecting their own.”

East St. Paul police, who investigated the crash, initially charged Harvey-Zenk with refusing a breath demand but the charge was later stayed by Minuk, as were charges of impaired driving causing death and criminal negligence causing death.

Harvey-Zenk claimed he injured his head in the crash and had no memory of what happened, a claim unsubstantiated by any medical evidence.

These facts made for a “near-perfect storm of cynicism” and explain why many people feel Harvey-Zenk is “getting away with murder,” said Wyant.

“Make no mistake, I have no sympathy for you,” Wyant said. “You are the author of your own fate.

“Your punishment will be a life sentence, because you will never be able to escape the memory of what you did. Your actions brought shame on the uniform you wore and all the other men and women sworn to protect us.”

Harvey-Zenk’s sentence includes a nightly curfew for the next 15 months and requires that he abstain from alcohol and perform 180 hours of community service work.