ATHABASCA – A long-time Athabasca County resident won’t be going to jail for his role in an accident that claimed the life of a 14-year-old boy last November, but he will be paying a $5,000 fine as part of his punishment.
In the Athabasca Court of Justice July 21 Orest Mikulin, 74, pleaded guilty to operating an uninsured motor vehicle on the highway and operating an unsafe vehicle, as part of a joint submission between Crown prosecutor Matthew Kerr and defence council Andrew Cisna.
On Nov. 18, 2024, Mikulin was driving a 1979 Ford Courier truck on Hwy 2, west of Athabasca, when the vehicle’s battery died. Mikulin was able to move towards the shoulder, but the bulk of the vehicle was still occupying the driving lane, court heard.
Without working hazard lights, the vehicle was difficult to see for other drivers. Chris Murgatroyd and his son Kyle were driving back to their lake lot after a hunting trip. After turning his hi-beam headlights off due to oncoming traffic, the Murgatroyds’ truck rapidly approached the stalled-out Ford. Chris attempted to rapidly change lanes to avoid the truck, but collided with the rear of the Ford.
The collision completely collapsed the passenger side of the Murgatroyds’ truck where Kyle was sitting.
At the time of the collision, Mikulin was on the phone with an acquaintance he had called for help after his vehicle broke down.
As part of his plea, Mikulin received the maximum financial penalty of $5,000 between the two offences, although he won’t serve any jail time.
Kerr said the decision to avoid custodial time on the sentence came down to a few factors, including the early guilty plea, Mikulin’s advanced age, and the remorse he displayed for his actions.
“I’m suggesting a community-based sentence. Had this matter been set for trial that likely wouldn’t have been the case,” said Kerr.
Cisna said the incident had left a profound mark on his client, a life-long Albertan from the Boyle area.
“The psychological impact of this accident has been devastating. He’s attended therapy sessions and reports difficulty finding joy in life since the collision,” said Cisna.
“He’s expressed genuine and profound remorse, not only to police and counsel, but also through his willingness to accept responsibility and spare the victim’s family the pain of a drawn out trial.”
Mikulin addressed the court after his lawyer, apologizing for what had happened and expressing remorse.
“I’m very sorry for what happened. I love kids. I just can’t believe this, what I’m going through at this age. But I’m very sorry, especially to the parents of the boy,” said Mikulin.
“I would have rather that had been me than that boy, anytime. He deserved to live, not me.”
Remembering Kyle
As part of the judicial process six people wrote victim impact statements talking about how Mikulin’s actions had changed their life. Kyle’s mother, Danielle, was the only one of the six who read her statement in court.
Danielle said her son was a kind soul, a gatherer of the neighbourhood kids who always made sure everyone was included.
“Kids still text us, and Kyle’s phone, missing him and feeling alone since Kyle was killed,” said Danielle.
“Kyle had a black belt in Taekwondo at the age of 12 — he was given it by the mayor of Fort McMurray. He was an honour student in Grades 7, 8 and was on his way to Grade 9. He made us so proud. Even in his death he’s making a positive impact on the kids who we will support to play football.”
Justice Alice Wendel accepted the joint submission, noting that while the outcome of the collision was horrific, she couldn’t purely sentence Mikulin solely on the tragic loss of life.
“The events were a direct result of the accused not ensuring his vehicle was safe by addressing and rectifying the mechanical issues present before he chose to drive,” said Wendel.
“The charges and circumstances of the offences before the court are not particularly noteworthy or unique, but the result was horrific. It is clear to all that there is no penalty that this court can impose that reflect the magnitude of the loss suffered by Kyle’s family.”
After the sentencing, Danielle and her family said they felt let down by the justice system and its choice to only pursue traffic charges against Mikulin.
“We’ve been told by community members they called the RCMP several times to have the truck moved but no one showed up. I really wanted to see (Mikulin charged with) criminal negligence, and so did the RCMP but the criminal justice system once again failed us as it has many others. Vehicles are, and should be, seen as weapons.” said Danielle.
“The community of Athabasca, despite us being seasonal campers, have been so good to our family. We will be forever grateful yet forever broken.”
