The Cambridge man whose drunk driving led to the death of a London mother and her young daughter in Elgin County in the summer of 2017 has been handed an eight-year prison sentence.
Hubert Domonchuk, 54, learned his fate at the Elgin courthouse in St. Thomas on Monday. In what his defence lawyer called an expression of genuine remorse, Domonchuk pleaded guilty earlier this fall to seven charges including two counts of impaired driving causing death.
But the sentence he now has to serve for the head-on Highway 401 crash near Dutton that killed Sarah Payne, 42, and her daughter Freya, 5, seems to pale in comparison to the sentence that's been dealt to Payne's family and friends.
"Mine is a life sentence," Payne's father David Miles told the court in his victim impact statement.
He described his grief over losing his daughter and only granddaughter as a monster that has got into his bones.
"Sarah taught me so much. She made me a better father, a better man. I miss the sound of her voice," Miles said of his daughter.
He told the court that his granddaughter was the "most beautiful, happy little girl."
"Freya was the light in our family," said Miles.
Both he and Payne's stepmother, B.J Willis, refuse to call what happened on August 29, 2017 an accident.
"This was a fatal collision that killed my daughter, granddaughter, and hurt my grandson," said Miles, continuing by calling the crash a "mindless, selfish act... that was neither innocent or a mishap."
Domonchuk was heading home from Windsor on the busy stretch of highway, west of London around 4:30 p.m. when his eastbound Ford F-250 pickup truck crossed over the grassy median and slammed head-on with Payne's westbound Honda Odyssey minivan. The pickup was travelling at roughly 120 km/h when it hit the minivan.
Payne was pronounced dead at the scene while Freya was pronounced dead roughly an hour later at the Children's Hospital of Western Ontario in London. Payne's six-year-old son William was also severely injured in the crash.
Police found a 40 oz bottle of vodka, two bottles of whiskey, and some Zig-Zag rolling papers on the passenger side of Domonchuk's truck. A small vial of cannabis resin was discovered in his pocket. An analysis of Domonchuk's blood by the Centre of Forensic Sciences showed he had a blood-alcohol concentration of between 60-90 milligrams in 100 millilitres of blood at the time of the crash.
"There is rage, bitterness, anger, and I question why in 2018 these things still happen," Willis said to the court in her victim impact statement.
She described Sarah as smart, beautiful, funny, and understanding.
Since the fatal collision over a year ago, Willis said she has had trouble sleeping or being the caregiver she once was.
"Some days I feel empty," said Willis. "The emptiness is never ending and pulls you down more and more."
In total, 11 victim impact statements were read at Monday's sentencing hearing, some through tears.
Payne's brother-in-law Andrew Payne described the loss as a dagger through his heart.
"The defendant has hurt us and I want him to know that," he said.
Payne's stepsister sobbed as she told the court her young son who was very close to Freya no longer remembers the young girl.
Friends lovingly called Payne by her nickname "smiles" and use the term "framily" to describe how close they had been to Payne. The mother of two had coined the term to capture when a friend becomes family in her personal relationships. Many outlined feelings of anxiety, sorrow and sleeplessness they have suffered since the crash.
"There is no escape from the daily reminders of how Sarah and Freya's deaths have changed so many lives for forever," said family friend Christine Wilton.
She described the unshakable memory of learning of her friend's death and is now afraid when friends travel. She said she wakes up sometimes at night and goes outside to make sure everyone's cars are in their driveway.
Assistant Crown Attorney Craig Sigurdson noted Domonchuk had a total of 43 previous provincial driving offences, 22 of which were for speeding. He told the court shortly before the crash Domonchuk had aggressively tailgated another driver on the highway near Tilbury. Domonchuk's behaviour forced the other driver to have to take evasive action to avoid a collision.
He pointed out that Payne was an "innocent driver", who did nothing wrong.
Defence lawyer Tom Brock told the court his client accepts responsibility for what happened and that his guilty plea was "indicative of genuine remorse.”
He added this will be Domonchuk's first jail sentence, but that eight years won't extinguish his client's ability to rehabilitate and reintegrate into the community.
Standing to face Payne's loved ones, Domonchuk offered an apology before Justice George Orsini delivered his decision.
"I'm here today to apologize for my actions... that resulted in an irreversible tragedy. I can never change the fact that your family is without a wife and a sister," said Domonchuk. "If I could take it back, I would. I have no greater regrets than what I have caused you... I want you to know how sorry I am."
Orsini accepted a joint sentencing submission from the Crown and defence. In addition to the eight-year sentence, Domonchuk has to submit a sample of his DNA.
Domonchuk gave his common-law partner and 25-year-old daughter a quick wave before he was led away in handcuffs by police.