WESTLOCK – The Westlock-area man who caused a serious accident in the spring of 2022 after blowing through a stop sign just north of Linaria, faces a two-and-a-half-year driving ban and an 18-month conditional sentence order (CSO) that includes nine months of 24-hour-a-day house arrest.
In Westlock Court of Justice July 11, Niel William Pendrak pleaded guilty to dangerous operation of a motor vehicle (Criminal Code 320.13 Sub. 1) with Justice Bruce Garriock agreeing to a joint sentence that includes the year-and-a-half CSO, 30-month driving ban, 50 hours of community service and $3,000 in restitution proposed by Crown prosecutor Sean Hume and defence lawyer Jamil Sawani.
Although Hume noted that Pendrak has a lengthy criminal record and that the crash was “serious”, he called the sentence “fit and appropriate” noting that speed, alcohol, and drugs weren’t factors and that Pendrak has been clear of the justice system for close to five years.
“Failure to adhere and stop at the stop sign was disastrous and it caused a very serious upheaval in the life of the victim,” said Justice Garriock, who also ordered Pendrak to pay a $200 victim-fine surcharge, along with the restitution, by Aug. 31. “There is a criminal record, however, in my perusal I could not find any motor-vehicle situations and although it’s aggravating, I don’t put a lot of stock into it as it relates to this event.”
The CSO will also see Pendrak, who lives in Westlock and works in the Slave Lake area, live under 24-hour-a-day house arrest for the first nine months — he is allowed to work, shop for food and go to doctor’s appointment — then be under a 10 p.m. to 5 a.m. curfew for the remainder. As part of the sentence, Pendrak was also ordered to complete a defensive-driving course.
“The CSO involves punitive conditions such as house arrest, a curfew, community-service hours and the Crown is seeking a lengthty driving probation, which is a step up from previous driving prohibitions that Mr. Pendrak has received on his criminal record which serves to further address denunciation and deterrence,” said Hume, noting if Pendrak breaches the CSO if may be collapsed which could lead to jail time.
Sawani said Pendrak, who has a 14-year-old son and helps pay the rent for his mother’s apartment, has previously “fallen off the rails” but is in a “positive and upward trajectory in his life at this point in time” noting that he and his family have invested $100,000 in spray foam insulation equipment showing that they “have confidence in him.” Speaking directly to Justice Garriock, Pendrak apologized and said he was “not sure what really happened there, but I accept responsibility for it.”
“Mr. Pendrak is extremely remorseful and regretful for his actions,” said Sawani. “He is taking responsibility.”
The crash
Hume told court that around 7:54 a.m., April 26, 2022, Westlock RCMP responded to a two-vehicle collision at the intersection of highways 776 and 661, roughly 40 kilometres northwest of the Town of Westlock.
On scene, a white 2021 Ford F350 pulling a flat-deck trailer hauling a skid steer driven by Pendrak had collided with a 2018 Ford Edge, sending both rolling into a field southeast of the intersection.
The female driver of the Edge had to be extracted by firefighters and sustained “serious cuts to her head” and was transported to the Royal Alexandra Hospital in Edmonton via STARS Air Ambulance, while Pendrak suffered minor injuries and was treated and released on scene — Hume noted the woman continues to suffer various aliments to this day.
RCMP eventually determined that Pendrak had been travelling east on Highway 661 and did not stop at the intersection and struck the woman, who had been heading south on Highway 776 — both vehicles had been travelling at 100 km/h.
