By Patrick Burles

Sentencing Decision Adjourned in Fatal Hit and Run

Jan 13, 2016 | 9:22 PM

LETHBRIDGE: The sentencing decision of Edward James Mikla has been adjourned to next week, in the hit and run that claimed the life of Lorne Miller.

Around 2:30-AM on January 26, 2014, Miller finished work downtown and left for home on his bike. While Miller was riding over the Stafford Drive overpass, Mikla struck him from behind with his vehicle, then sped up to flee the scene. The Crown stressed that Mikla did not stop or take the time to call 911. It wasn’t until two days later that Mikla turned himself in to police, after consulting with a lawyer.

Miller survived that night, but suffered extensive head trauma, and died as a result of his injuries in May of 2014.

In July of 2015, Mikla entered a guilty plea to a charge of failing to remain at the scene of an accident. It was noted that he was a suspended driver at the time of the incident.

After the court heard the tear-filled victim impact statements from Miller’s parents and sister, Crown prosecutor Bill Wister stated that Justice Rodney Jerke has an opportunity to set a precedent in Alberta and possibly Canada for the fatal hit and run. He asked for four years in prison and a 25-year driving ban for Mikla. Wister explained that it’s crucial to send a message to the public that if you hit someone, there is no legal benefit to fleeing the scene. He continued that impaired driving and dangerous driving causing death can get you several years in prison, and by giving someone a year or less for a hit and run, a “cold and calculating individual” is likely to flee to save themselves.

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Defence lawyer Greg White countered by asking for five months to one year in jail, followed by 18-months of probation and a five year driving ban. He explained that the justice system can not start punishing people for crimes that the court is not aware of, such as impaired or dangerous driving. White added that Mikla wanted to turn himself in sooner, but his father recommended he contact a lawyer first, and it took some time to set up an initial meeting. From that point he says Mikla wanted to enter a guilty plea early on, but it took time for them to agree on the appropriate charge.

The sentencing hearing ended with a few words from Mikla, who stated, “If I could go back and change everything I would,” adding, “I know it doesn’t mean nothing to you guys (Miller’s family), but I’m sorry.”

After adjourning his decision to January 20, Justice Jerke ordered that Mikla be taken into custody, saying his status has changed significantly, as he clearly will be serving time in custody.

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Outside the courthouse, Miller’s sister and father spoke to the media. Candace Van Diemen talked about the message she was hoping to send Mikla through her victim impact statement, and Keith Miller discussed Mikla’s apology. You can hear both responses below.