By Patrick Burles - @Patrick Burles on Twitter

Lethbridge Man Sentenced for Collision that Killed a Father and Son

Sep 13, 2016 | 2:02 PM

TABER – A collision that claimed the lives of a father and his 5-year old son and inflicted severe injuries to two others, has resulted in a prison sentence for a 59-year old Lethbridge man.

Roy Charles McCluskey pleaded guilty to charges of dangerous operation of a motor vehicle causing death and bodily harm Tuesday morning (Sept. 13) in connection with the fatal collision that happened late last year.

Around 6:35 P.M. on December 5, 2015, a van occupied by a family of four from Coaldale was stopped in the westbound lane of Highway 3, at the intersection with Range Road 152 near Taber. They were awaiting on-coming traffic so they could make a left turn onto the range road.

While they waited, a pick-up truck driven by McCluskey with one other passenger, struck the back of the van. The Restraint Control Module in McCluskey’s vehicle noted that he was travelling at 141-kmh five seconds prior to the collision, and that he accelerated to 153-kmh when he hit their vehicle.

The 33-year old father and his 5-year old son were killed immediately.

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The family’s 3-year son survived, but required surgery to repair a scalp laceration and fractures to his right humerus and femur. He also suffered lacerations to his liver, right adrenal and a hematoma to his left adrenal. McCluskey’s passenger sustained a broken right knee, two broken femurs, four broken ribs, a crushed pelvis and two broken bones in her neck.

McCluskey and the mother of the family were taken to hospital with non-life threatening injuries.

Witnesses reported that McCluskey had been trying to pass three vehicles after the passing lane had ended when he hit the family’s vehicle. They also stated that he had been driving in a dangerous manner leading up to the collision.

Adding to that, McCluskey admitted to a charge of dangerous driving for another incident on February 11, 2016, around 3:15 P.M. in Lethbridge.

In that case he was observed swerving on Mayor Magrath Drive and striking the curb. After a near collision on 6 Street South, he then hit a parked truck. McCluskey admitted that he had been drinking and a witness reported smelling alcohol, however he had to be treated in hospital before police could obtain a breath sample. When they did get a sample three hours later, he tested below the legal limit.

When asked if he had anything to say by Judge S. Oishi, McCluskey said “Nope”, then paused and added while he started to cry, “I wish I could turn back time, your honour.”

After taking some time to consider a joint submission from the Crown and defence on sentencing, Judge Oishi acknowledged McCluskey’s remorse, but said it obviously wasn’t enough to stop him from driving again in a dangerous manner just a couple of months later. She did note his prior lack of a criminal record and his guilty plea, which avoids a trial that was scheduled to run for 10 days this November.

Judge Oishi ultimately agreed with the joint submission, imposing a sentence of three years in prison for the fatal collision, 30-days for the second case of dangerous driving and a five year driving prohibition. She also gave him credit for 117 days of pre-trial custody, leaving 978 days left on his sentence.