Chad Curtis had a message for the 21-year-old man who pleaded guilty in an impaired driving case and was sentenced Friday for running over and killing Curtis’s son on a St. Thomas, Ont., sidewalk almost two years ago.
“It’s about time he gets to pay for his crime, because me and my family have been paying the whole time,” said Curtis. “We’re gonna suffer for the rest of our lives, and this boy has an opportunity to fix his.”
Curtis’s son Aiden, 11, was killed after Nicholas Lemke’s pickup left the road, jumped the curb and ran into a group of pedestrians walking on the sidewalk. The collision happened at the intersection of Talbot and Inkerman streets moments after Aiden and the group of friends and adults he was walking with had bought ice cream cones on July 3, 2023.
Curtis spoke outside the courthouse Friday, moments after Lemke was sentenced to six years in jail on one count of impaired driving causing death and two counts of impaired driving causing bodily harm.
Judge Glen Donald of the Ontario Court of Justice sentenced Lemke for a “selfish series of offences” that took one young life and injured four other people — one woman was left with life-altering injuries, while three other pedestrians were treated for non-life-threatening injuries.
The court heard that at the time of the collision, Lemke was impaired and had a blood alcohol content of 140 milligrams per 100 millilitres of blood, close to double the legal limit of 80 mg per 100 mL.
The sentencing breaks down as follows:
- 5½ years for impaired driving causing death.
- Six months for impaired driving causing bodily harm.
- 90 days on the second count of impaired driving causing bodily harm.
The first two sentences will be served consecutively; the final count was served concurrently.
The sentence also includes a 10-year driving ban.
The Crown had been seeking a sentence of six to eight years of total jail time and a 10-year-driving ban. The defence had requested a jail sentence of three years.
Donald said while there were mitigating factors, Lemke had to receive a sentence that’s appropriate for his actions.
“Mr. Lemke’s selfish actions left a child dead and caused great harm” to other people, the judge said. “No one will be satisfied with this sentence. What has been lost as a result of these offences has been lost forever.”
Lemke had been out on bail as the proceedings wound their way through court.
Donald said he considered a number of mitigating factors in the sentencing, including Lemke’s age — he was 19 at the time of the crash. He also noted Lemke had a history of mental health issues that he had sought help for before the crash, but was unable to get proper treatment.
“He must be given credit for his efforts to address his mental health issues,” said Donald.
As other mitigating factors, Donald noted Lemke has a reasonable prospect of rehabilitation, and has expressed remorse, pleaded guilty and had no criminal record prior to the collision.
On the steps of the Elgin County Courthouse after sentencing, Aiden’s mother, Sarah Payne, said a harsher sentence would have sent a stronger message.
“If they start giving life sentences, then maybe people will stop drinking and driving,” Payne said.
