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Kamloops News

Driver ordered to pay $2,000 after killing passenger

Kamloops Law Courts

KAMLOOPS - The case against an Alberta driver who caused an accident that killed a passenger in another vehicle concluded with a $2,000 fine in Kamloops Supreme Court Monday, May 25.

Francesco Pagnotta, 36, pleaded guilty to careless driving after hitting the bumper of the truck in front of him on a straight stretch of highway near Avola, B.C. on July 16, 2012. The driver in front of Pagnotta lost control of the truck causing it to roll and eject an unbelted passenger. First responders pronounced Victor Kohlman dead at the scene.

The accused was originally charged with dangerous driving causing death which carries a maximum penalty of 14 years imprisonment.

Crown accepted Pagnotta’s guilty plea to the lesser charge under B.C.'s Motor Vehicle Act. Justice Dev Dley handed him the maximum penalty jointly proposed by Crown and defence counsel - a $2,000 fine.

“At first blush (the sentence) seems to be one that may be regarded by some as being minor when looking at the consequences of what occurred. But there are many factors that determine what comes before the court,” Dley said. He noted Pagnotta has no criminal record. Dley added the victim impact statements reflected how the incident affected Kohlman’s family.

“The courts are not about vengeance,” he said to a gallery full of the deceased's family. "The courts are designed to assess the circumstances."

To contact a reporter for this story, email Glynn Brothen at gbrothen@infonews.ca, or call 250-319-7494. To contact the editor, email mjones@infonews.ca or call 250-718-2724.

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