For his “egregious” and “outrageous” driving actions that included nearly ramming a police cruiser and almost running over pedestrians, Elijah William Dustyhorn will spend the next six months in jail.
Dustyhorn, 19, from Key First Nation near Kamsack, appeared by video in Moose Jaw provincial court on April 20 and sentenced for his actions. He had pleaded guilty to dangerous operation of a motor vehicle and failure to stop after an accident during a previous court appearance.
As part of a joint submission, Dustyhorn was sentenced on both counts to jail for the next 180 days; the two six-month convictions will run concurrently or at the same time. However, since he has been in custody since Feb. 20, or for 61 days, he was given credit for 92 days. This means he will have 88 days left to serve on his sentence.
The Crown stayed two other charges against him.
Dustyhorn’s charges occurred around 11:44 p.m. on Feb. 20, where he drove eastbound in the westbound lane of Manitoba Street West, explained Crown prosecutor Rob Parker. He drove directly at a police cruiser coming his way; the officer activated the car’s lights but Dustyhorn continued driving forward for half a block.
He then drove over the median into the eastbound lane and continued away from the police officer, who followed Dustyhorn northbound on Second Avenue Northwest. Dustyhorn, Parker continued, barely missed hitting a group of pedestrians who were walking across the street toward Mosaic Place. The group jumped back onto the sidewalk to avoid being hit.
Dustyhorn failed to stop at stop signs along Second Avenue Northwest and eventually collided with a vehicle stopped at Athabasca Street West. He jumped out of the vehicle while it was still in motion and ran; the vehicle continued onward and hit another parked car and a light post before stepping on a front lawn.
Police captured Dustyhorn after chasing after him on foot.
Dustyhorn has a lengthy criminal record, although most of it is convictions from his youth in Yorkton, said Parker. These two particular charges are his first vehicle convictions as an adult. His record consists of charges that make him a danger to the public; these charges continue him along that path.
“It is an extremely egregious circumstance as it relates to driving, with the serious potential for bodily injury or death,” Parker continued, adding while Dustyhorn should receive a driving prohibition, he won’t since that condition was not part of the conversation between the Crown and defence.
Dustyhorn is aboriginal and is one of nine children, explained defence lawyer Julian Nahachewsky. His dad went to a residential school and his mother was adopted; his dad was an alcoholic and his mother was a drug user.
He experienced and he saw violence as a youth, Nahachewsky continued. He struggles with alcohol; wants to take programming to recover; wants to reconnect with his religion; wants to attain a job in the construction industry; and wants to reconnect with his mother. He has also shown remorse in all this.
“The Crown described the driving as being egregious. I agree with that,” said Judge Brian Hendrickson, who accepted the joint submission. “I would also add outrageous. The driving actions of Mr. Dustyhorn represented a real danger — a potential danger — to not only other drivers but other pedestrians … that time of day in Moose Jaw, there could have been major, major, major problems for users of the roadway.
“It’s very fortunate that nothing serious happened in terms of injury or potentially death to people.”
Moose Jaw provincial court next meets on April 22.
