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February 03, 2020 - 2:55 PM
A man who held a transport truck driver at gunpoint for hours and caused more than $200,000 in damages to his tractor-trailer and cargo will not have to repay the full amount, a panel of B.C. judges have ruled.
David Lee Chappell, born 1983, was sentenced to five years in prison in March 2019 for a drug-fuelled crime spree that took place along Highway 5 from Avola to Kamloops in 2017. Chappell was arrested on Nov. 2017 and pleaded guilty to 10 charges stemming from the incident. At the time, court heard Chappell used an imitation gun to kidnap the driver of a tractor trailer while evading police.
In a B.C. Court of Appeal decision released last month, Chappell sought to appeal a portion of his sentence, claiming the sentencing judge did not take into consideration his ability to pay the $201,613.37 in the restitution order both in present and future.
READ MORE: Man who held truck driver at gunpoint along Highway 5 could face up to eight years behind bar
“It is most unlikely that Mr. Chappell will be able to make any meaningful dent in the amount owed,” the judges say in their decision, adding even if Chappell was to file bankruptcy, it would not discharge Chappell of the restitution order making it more difficult to rehabilitate himself upon release from custody.
Chappell proposed an alternative in the amount of $6,500 in favour of the owner of the vehicle to be paid as a deductible.
At the sentencing hearing, the Crown also sought restitution orders in favour of Chappell’s former girlfriend after he smashed the windshield of her vehicle after the relationship ended. This order was made in the amount of $449.01 and Chappell does not contest this order.
The judges ruled the restitution order of $201,613.37 be set aside and an ordered Chappell to pay $6,500 in restitution to the owner of the vehicle.
For the full decision, go here.
For past stories about David Lee Chappell, go here.
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