An Oshawa, Ont., judge has sentenced a man to seven years in prison and a 14-year driving ban after he drove impaired and at excessive speed the wrong way down Highway 401, killing one person and seriously injuring someone else.
Shamar Gilkes, out on bail since four days following the crash, was taken into custody at the Oshawa courthouse Wednesday after Ontario court Justice Peter West imposed the sentence.
The Crown attorney asked the judge to consider an eight-year prison sentence, while Gilkes’s defence lawyer suggested a four-year prison sentence.
“I recognize this is a long sentence. Your conduct was exceedingly egregious,” West told Gilkes before the first-time offender was handcuffed and led out of the courtroom to begin serving his time.
On Dec. 30, 2022 around 5 a.m., Gilkes drove eastbound onto a westbound off-ramp in Pickering.
Video obtained by police from the Liverpool Road overpass shows a vehicle travelling the wrong way down the westbound lanes.
A civilian firefighter saw Gilkes’s vehicle and called 911. The video shows Gilkes driving by a group of westbound vehicles that can be seen flashing their headlights at him. He did not apply his brakes until half a second before colliding with a Honda Civic being driven by Hassan Chaudhry, sending the Civic into a barrier.
Moments later, Gilkes’s BMW X3 collided with the Volkswagen being driven by Danyang Song. The BMW mounted the Volkswagen before the BMW landed on its roof.
Song, a 55-year-old husband from Whitby and father of three who was on his way to work as a plumber, died at the scene.
Chaudhry was taken to hospital in critical but stable condition where he was treated for a broken femur and fractured pelvis, among other injuries.
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Court heard Chaudhry underwent six surgeries and spent nearly four months in hospital. Gilkes was also taken to hospital after the crash. He was triaged before being arrested for impaired driving causing death and bodily harm.
In his reasons for the sentence, West listed numerous aggravating factors, including the fact Gilkes’s blood alcohol concentration was 145 milligrams of alcohol per 100 millilitres of blood, or close to double the legal limit at the time of the crash.
In a comment to his probation officer, West said it raised some concerns that Gilkes was unable to provide an explanation as to why his blood alcohol level reached so high.
“It should also be noted that a tequila bottle, the size not provided, which had only one-third remaining, was located in the BMW,” West said. “The presence leads to the inference that he was consuming it while operating the BMW.”
West said it was also aggravating that Gilkes drove onto a clearly marked-off ramp from Highway 401 despite numerous signs and road markings. He also said that at no time did Gilkes apply his brakes until half a second before the crash.
“Gilkes showed a complete disregard for other drivers on the road — drivers who were trying to get him to pull over,” the judge said.
Speed was another aggravating factor. Just five seconds before impact, Gilkes was travelling at 138 km/h and had been travelling 1.9 kilometres in the wrong direction for about 45 seconds.
Just half a second before colliding with Chaudry’s vehicle, he braked and reduced his speed to 124 km/h.
“This speed was extremely dangerous showing an extreme disregard for motorists who were flashing their headlights at him,” West said.
Mitigating factors included the fact Gilkes had no prior criminal record, though West noted he has five Highway Traffic Act convictions, including four for speeding.
Gilkes has also attended 24 sessions for addictions counselling since Dec. 30, 2022 and in his elocution letter says he hasn’t consumed alcohol since that day. Gilkes pleaded guilty, accepting responsibility for his actions and has also shown he is remorseful.
“If he had not consumed alcohol in excess and gotten into his BNW X3 and driven the wrong direction on Highway 401, none of what happened would have occurred,” West concluded, saying the defence position of four years in prison does not adequately address deterrence and denunciation and fails to recognize the serious gravity of the offences and Gilkes’s moral blameworthiness.
“The fact there was only one death. It was sheer luck. It was miraculous that others did not die given the speed Mr. Gilkes was driving,” West said, pointing out the seven-year sentence must hold him accountable for his criminal conduct and send a message to others.
“He drove after drinking alcohol, at the speed he did in the wrong direction on the 401. He knew it would result in death or serious debilitating injuries to innocent drivers.”
West sentenced Gilkes to five years in prison for both impaired driving causing death and dangerous driving causing death, to be served concurrently. He sentenced Gilkes to two years in prison for the impaired driving causing bodily harm charge to be served consecutively with the five-year sentence for a global sentence of seven years. He also noted that the 14-year driving prohibition begins now.
Outside court, Song’s family expressed relief that sentences for impaired driving are increasing, based on the judge’s comments, but says it doesn’t take away their pain.
“My dad lost his life and he still gets to have a second chance. I can’t really say that I’m happy with it but I’m still glad that these sentences are going up,” said Zehan Song, Danyang Song’s son.
Song’s daughter is urging the public to call 911 if they see a suspected impaired driver and is begging people to stop their friends from driving impaired.
Gilkes’s pre-sentence report never mentioned where he was before he drove the wrong way down the highway.
“Was he with friends? Was there someone who may have witnessed this? If they had said something before they got into the car, would this have changed everything?” asked Jilly Song, Danyang Song’s daughter.
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