Life in Jail for lady who stopped on highway to save ducklings?

"SnapUndersteer, Italian Spiderman" (dasborgen) 06/23/2014 at 09:37 • Filed to: None

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A 25-year old woman in Quebec got judged guilty for this act of misguided altruism. Sentencing in August

A !!!error: Indecipherable SUB-paragraph formatting!!! woman who parked her car on a highway to help a group of ducklings on the side of the road has been found guilty of causing the deaths of a motorcyclist and his passenger daughter who slammed into her car.

Emma Czornobaj was convicted by a jury on Friday on two counts of criminal negligence causing death, a charge that carries a maximum life sentence, and two counts of dangerous driving causing death, which comes with a maximum of 14 years in jail.

The 25 year-old was charged in the deaths of Andre Roy, 50, and his daughter Jessie, 16.

She wiped away tears when the verdict was delivered to a packed courtroom in Montreal. Quebec Superior Court Justice Eliane Perreault said the 12-member jury voted unanimously.

Czornobaj was released until her pre-sentence hearing on August 8.

Roy's motorcycle slammed into Czornobaj's car, which was stopped in the left lane of a provincial highway south of Montreal in 2010.

Czornobaj, a self-professed animal lover, told the court that she did not see the ducklings' mother anywhere and planned to capture them and take them home.

Defence lawyer Marc Labelle said his client was stunned by the jury's decision.

"The fact that she was involved in the accident in the first place was a hard experience for her," he said. "The fact that she had to go through a trial with a lot of publicity was tough and to be confirmed by 12 citizens, the jury, that the conduct was criminal is a hard blow."

Pauline Volikakis, whose husband and daughter were killed in the collision, briefly fought back tears when she left the courtroom.

"I don't wish misfortune on anyone," Volikakis said. "It's time that we go on. This will not bring [back] my loved ones."

Prosecutor Annie-Claude Chasse had a message for motorists.

"What we hope is that a clear message is sent to society that we do not stop on the highway for animals. It's not worth it." !!!error: Indecipherable SUB-paragraph formatting!!!

http://www.telegraph.co.uk/news/worldnews…

pfftballer > SnapUndersteer, Italian Spiderman 06/23/2014 at 09:43

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"What we hope is that a clear message is sent to society that we do not stop on the highway for animals. It's not worth it."

I hear you loud and clear. I'm not even going to lift next time I see a herd of deer.

505Turbeaux > SnapUndersteer, Italian Spiderman 06/23/2014 at 09:43

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now that is just piss poor of the prosecution to go after her for this. Why weren't the victims more aware of a stopped car?

OPPOsaurus WRX > SnapUndersteer, Italian Spiderman 06/23/2014 at 09:44

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she probably wasn't rich. If she was rich she could have gotten trashed, done some other drugs, kill a couple people and had mom and dad come pay her out of trouble. Needless to say, it was pretty dumb for her to do that. I dunno if life in prison is right though

Jagvar > SnapUndersteer, Italian Spiderman 06/23/2014 at 09:44

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I was very surprised by this verdict. The woman did a stupid, reckless thing that ended in the deaths of two people, but a life sentence seems disproportionately harsh. It's the kind of sentence I'd expect for murder in the first degree, not criminal negligence.

Twingo Tamer - About to descend into project car hell. > SnapUndersteer, Italian Spiderman 06/23/2014 at 09:45

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I struggle to find sympathy given that she stopped on the highway which is just reckless. It does seem harsh if she gets the full 14 years though, I think banned from driving, community service and maybe a few years of jail time would make sure she doesn't do something that dumb again. Extended jail sentences aren't always the answer, in this case it seems pretty redundant really.

Party-vi > SnapUndersteer, Italian Spiderman 06/23/2014 at 09:45

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"parked her car on a highway"

For ducks. She parked her vehicle in the passing lane on a highway for ducks. While the prison time seems steep, so does the stupidity needed to fucking park your vehicle on a highway to help some ducks.

crowmolly > SnapUndersteer, Italian Spiderman 06/23/2014 at 09:50

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Hasn't been sentenced yet so title is misleading.

The Revengel > SnapUndersteer, Italian Spiderman 06/23/2014 at 09:50

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The issue here is the death to the Motorcyclists - not stopping for ducklings. She could have stopped for a winning lotto ticket, her licence blew out the window or to rubberneck at an accident - the key thing is that her actions had a direct effect on the father and daughter who slammed into her car in the left hand lane of the highway. Had this been on the right hand side the views would have been different, and I suspect the rider and his daughter would still be alive today.

Flavien Vidal > SnapUndersteer, Italian Spiderman 06/23/2014 at 09:50

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Utterly ridiculous... Yes, she deserved a punishement, but this? For what was an accident? Voluntary infanticide is punished by a maximum of 5 years in prison in Canada... ridiculous...

McMike > SnapUndersteer, Italian Spiderman 06/23/2014 at 09:50

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I can't weigh in on whether I believe she should be in jail or not. My gut reaction is "burn the bitch" because what she did was OMG SO FUCKING STUPID.

On the other hand, the biker should have been able to stop, right? He should have been paying attention and been able to avoid her.. right?

Than again, I'm not sure I would have been able to avoid a stopped car in that circumstance. I read somewhere that the sun was low, or something else lowered visibility at the scene. You're cruising along the highway at 70mph, and you see it ahead. You take a second before you realize you're closing on it faster than you expected and you lift. A second or two after that you realize it's not moving, next thing you know (300 ft later @ 100 ft/sec) it's too late.

Then again, what if she lost control of her car, hit the guardrail, and it came to rest in the same spot? Same obstacle, same outcome.

This story sucks for everyone.

KusabiSensei - Captain of the Toronto Maple Leafs > Jagvar 06/23/2014 at 09:52

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Last time I heard, stupidity is not a criminal act...

But there are people who secretly wish it was so.

Dukie - Jalopnik Emergency Management Asshole > SnapUndersteer, Italian Spiderman 06/23/2014 at 09:54

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Ok, I'm a little torn on this one. Having never been to Quebec, I'm not sure on what a provincial highway is. Are we talking a two lane state highway? multi-lane interstate highway?

On Saturday, I stopped to let a mother duck and her ducklings cross WA-516. A two lane, 35 mph speed limit state route. I don't see a major problem with doing so, as the speed was low, and the oncoming traffic had also stopped. Now, had I been on WA-167 (a multi-lane,60 mph highway), I wouldn't have stopped, as my life is a little more important that Daisy, Huey, Louie & Dewey's.

If she stopped on a major highway in a traffic lane (and not on the shoulder), she's most certainly in the wrong. If she was on the shoulder, and the motorcyclist drifted over or clipped her car (so long as she was completely out of the traffic lane), then the motorcyclist was at fault.

Either way, life in prison is overly harsh for this, especially when DUI laws are much more lax .

Klaus Schmoll > SnapUndersteer, Italian Spiderman 06/23/2014 at 09:56

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In driver's ed we were explicitely told not to brake or swerve for any kind of animal smaller than a pig or a cow.

That being said, an Ex made me stop in the middle of the night to get a flat hedgehog off the road and "bury" it on the side. Grrrrrr....

beardsbynelly - Rikerbeard > SnapUndersteer, Italian Spiderman 06/23/2014 at 09:58

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she won't get life as she has no prior criminal record.

This doesn't sit well with me though, I've always been taught to stay far enough behind someone so you can brake to avoid rear ending them.

RazoE > SnapUndersteer, Italian Spiderman 06/23/2014 at 10:00

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Stopping your car in the middle of the road to help some ducks? That's pretty stupid.

SnapUndersteer, Italian Spiderman > pfftballer 06/23/2014 at 10:00

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playing devil s advocate I see?

Ducklings are not the same as deer. Not even close

Jcarr > SnapUndersteer, Italian Spiderman 06/23/2014 at 10:07

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A life sentence seems pretty harsh for something that was done without malice, but the conviction is absolutely correct.

Roadkill is an unfortunate consequence of a mechanized society. It's one thing if you want to risk your life to try to save some animals, but it is quite another to foolishly endanger the lives of others.

duurtlang > SnapUndersteer, Italian Spiderman 06/23/2014 at 10:07

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She did something that was well intentioned but utterly moronic. Given everything she's went through I'd think it's safe to say she'll never make this mistake again if given the chance. Given the media attention I think this case has had a preventive effect on the general public as well. I'd argue 0 time in jail, maybe a bit of community service. The family of the deceased should be able to sue her though, for financial compensation.

SnapUndersteer, Italian Spiderman > beardsbynelly - Rikerbeard 06/23/2014 at 10:07

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The motorcycle swerved to miss a car that swerved to avoid her in the first place.

dinobot666 > SnapUndersteer, Italian Spiderman 06/23/2014 at 10:23

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Couldn't she just say "Sorry eh" and call it good?

beardsbynelly - Rikerbeard > SnapUndersteer, Italian Spiderman 06/23/2014 at 10:25

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Got a link? none of the articles I've read mention that. They mention a witness who swerved to avoid her, but nothing so far says the motorcycle swerved. Others mention there was evidence the motorcyclist was travelling at up to 130km/h

I don't agree that it was safe to stop at all. I just feel the whole event is a mess.

I doubt she'll see the insides of a prison cell, not for an extended period at least.

Chteelers > SnapUndersteer, Italian Spiderman 06/23/2014 at 10:25

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This story is so ducked up.

interrogator-chaplain > beardsbynelly - Rikerbeard 06/23/2014 at 10:26

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She didn't slow down, she was stopped, and parked in half of the fast lane, out of the car helping ducks cross the highway when the motorcycles hit the car.

pfftballer > SnapUndersteer, Italian Spiderman 06/23/2014 at 10:26

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I'm aware that ducklings aren't deer but are you aware that they are both "animals" ? (Per the prosecuter's quoted text) The prosecutor doesn't make that distinction. We the clueless masses need a list of what animals we should drive over and what ones we should stop for. Put it on the drivers exam.

beardsbynelly - Rikerbeard > interrogator-chaplain 06/23/2014 at 10:28

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I didn't imply anything else.

crowmolly > beardsbynelly - Rikerbeard 06/23/2014 at 10:30

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I figure I'm in the minority here. I've been in this exact situation, but I was the person in front of the motorcycle driver:

Back in the early 2000's I was coming home from work in the left lane of a 6 lane highway. Down a mountain, guardrail to the left, 65 mph zone.

There was a woman parked in the left lane because she had driven over a traffic cone. No lights, ignition was off, it was raining. When I realized what was going on I swerved to the middle lane and clinked mirrors with her. The person behind me couldn't see what was going on but they swerved too- smashing in to me (totaling out a 6 month old car) and getting hit themselves (totaling out their car).

All around a bad time for everybody involved. No injuries reported by anyone.

One of the state troopers cleaning up the accident told me two things that stick with me to this day:

1.) You are always expected to react to the person in front of you and keep proper following distance. He told me that given the situation I did the best he would have expected anybody else to do and was glad that nobody got hurt. Even if I had stopped and avoided hitting the person in front of me there's no guarantee about the people behind me and their abilities.

2.) He also told me that the good tires on my car are why I was OK. In low visibility and high speed situations evasive maneuvers can be tough to stick.

Edit- in case anybody was wondering, the person in the left lane got in very hot water over the whole thing.

McLarry > Jagvar 06/23/2014 at 10:36

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Sounds like she hasn't actually been sentenced yet...I doubt she'll actually get a life sentence for this, but she could under the letter of the law. Also news sites wouldn't get as many clicks for something like "Woman who saved ducklings awaits sentencing" as they would for "...faces LIFE IMPRISONMENT"

theuserformerlyknownasaluminumfoil > SnapUndersteer, Italian Spiderman 06/23/2014 at 10:43

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I see your sarcasm meter is broken sir.

thebigbossyboss > Jagvar 06/23/2014 at 10:43

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I keep telling people she probably won't get life, just a minimum sentence.

SnapUndersteer, Italian Spiderman > pfftballer 06/23/2014 at 10:43

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that's just the prosecution grandstanding on their soapbox. I'm sure they don't mean every animal but ones that pose a threat to motorist.

This lady stopped of her own volition in the left (not on the shoulder, but the middle of the left lane) and created a dangerous situation herself from something that shouldn't .

Wheyou stop for a deer, you're not creating a dangerous situation, but you are reacting to one already existing because a deer will seriously fuck up a car.

However gruesome it is, baby ducks can't be that damaging to a car directly.except maybe a Peel P50 or a Rollgolf

Two Drink Minimum > beardsbynelly - Rikerbeard 06/23/2014 at 10:45

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The motorcycle didn't swerve. It was following a car-and-trailer that swerved at the last instant, basically revealing the parked car with very little warning. Also, the crazy lady was chasing ducks around the 24-inch shoulder, creating a diversion just ahead of the parked car. And all this near sunset on a clear day on a west-running road, which added glare to the equation.

This lady won't get anything near life in prison, but she needs to be sent behind bars. Her grotesquely negligent actions killed two people and could have killed more. She voluntarily parked her car in the passing lane of a controlled access highway, effectively turning it into a roadside munition.

Two Drink Minimum > pfftballer 06/23/2014 at 10:50

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What are you on about? You do not stop in the middle of a highway unless you absolutely can not avoid it. Ducks, deer, people, whatever. If you need to stop, you do so on the shoulder, in the median, or somewhere else where you are not putting others' lives (not to mention your own) at risk. It's really not that complicated.

beardsbynelly - Rikerbeard > Two Drink Minimum 06/23/2014 at 10:55

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so the motorcyclist was tailgating too? I'm still not saying Cernobaj is without blame. I just think this could have been avoided by both parties.

Jayhawk Jake > SnapUndersteer, Italian Spiderman 06/23/2014 at 11:00

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I don't know what to make of this.

On one hand I want to say it's excessive, shit happens, we all make mistakes.

But her mistake led to the death of two people. I want to say life in jail is excessive, but it's not like the two people that were killed get their lives back.

Since she has no criminal past or anything, and she really was just stopped trying to help some animal, I can't even begin to imagine what she must be going through. It's almost bad enough that she's aware of what happened, life in jail seems like it's too much because she didn't intend to hurt anyone that day. Maybe some jail time, some fine, something, but life is a bit much.

If a drunk driver doesn't go away for life for hitting and killing someone, a woman who stopped on the freeway to help an animal shouldn't.

davedave1111 > KusabiSensei - Captain of the Toronto Maple Leafs 06/23/2014 at 11:02

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Stupidity is not criminal by itself, but many stupid actions would be criminal. Idiocy isn't a defence to driving on the wrong side of the road, for example.

davedave1111 > thebigbossyboss 06/23/2014 at 11:08

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I very much doubt she'll get the minimum sentence, since she's guilty as sin. It's a very serious careless driving charge to which she has absolutely no defence.

No, it's not murder, but it's only one step down: causing death by extremely unreasonable, negligent behaviour. The jury were asked to decide if stopping was reasonable, but now she ought to be treated like anyone else who kills people accidentally but extremely negligently.

Personally, I think she was idiotic to plead not-guilty. That'll increase her sentence significantly, since she's plainly not remorseful, plainly doesn't accept that she did anything wrong.

thebigbossyboss > davedave1111 06/23/2014 at 11:17

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Actually.....you're completely correct. I looked it up and manslaughter (from criminal negligence) carries no minimum sentence except for a minimum 4 year jail sentence for an offense carried out with a fire arm. The maximum sentence is life.

Two Drink Minimum > beardsbynelly - Rikerbeard 06/23/2014 at 11:28

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I've not read anything that alleges that the motorcycle was following the car/trailer at an unsafe distance, and I assume the defense would be all over that angle. What witness testimony does indicate is that the motorcycle driver may have allowed himself to get distracted by Czonobaj, gesturing to her with his left hand as he passed her, just before the crash. My bet: His eyes were on the lady and her ducks when the car in front of him swerved, delaying his reaction to the parked vehicle that was revealed.

Honestly, I'm in no mood to parse blame with this one. She voluntarily parked her car in the middle of the passing lane of an interstate. She's a murderous asshat and deserves whatever punishment comes her way.

Two Drink Minimum > Jagvar 06/23/2014 at 11:30

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She didn't get a life sentence. Sentencing won't happen until August, and I'm sure it will be at most a couple years.

davedave1111 > Jagvar 06/23/2014 at 11:31

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One murder versus two manslaughters? How does that stack up? I have no idea what sentencing is normal for that kind of crime, but make no mistake, criminal negligence (or dangerous driving, or whatever this is) leading to two deaths is an extremely serious crime.

Jagvar > davedave1111 06/23/2014 at 11:42

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Sure, it's serious. But for someone to receive a life sentence for it would be unprecedented, though. It's usually a charge reserved for murder one (intentional and premeditated), and sometimes murder two (intentional with malice aforethought, without premeditation). Involuntary manslaughter, as in this case, usually carries a sentence of 8-15 years.

davedave1111 > Jagvar 06/23/2014 at 11:45

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As I said, I don't know what the normal sentencing would be, but I'd expect it to be much more than a slap on the wrist. How long do 'life' sentences actually mean round there, anyway?

thebigbossyboss > davedave1111 06/23/2014 at 13:25

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A life sentence in Canada is 20 years of sentence. That doesn't mean 20 years in jail, the sentence includes parole and supervised release. I really doubt she will get life.

crowmolly > McMike 06/23/2014 at 14:35

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Mike,

As somebody who has been in this situation before (posted above) it can all happen super fast. In the time it takes to realize "Holy shit that car's not moving" you can quickly eat up all of your following distance at highway speed- and forget about if it's night time or raining out or if you are watching some other roadside hazard at the time. Plus you need to size up other things going on behind you and to the side. If you slam on your brakes and avoid hitting the person parked in front of you the cars and/or tractor trailers behind you can mow you the fuck down.

"Proper following distance" rings true but there's a lot of variables in play.

I don't think she deserves life in prison but she deserves punishment as her negligence has killed two people.

McMike > crowmolly 06/23/2014 at 14:51

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I've been caught out by the car in front of me slamming on the brakes for a yellow light.

Not fun. I almost dumped the bike as I struggled with locking front and rear wheels as I sailed 10' past them in the sandy area near the median. I saw the light change, checked my mirror for my buddy, and by the time my eyes focused back forward, all I saw was a very quickly approaching third brake light.

I had at least a 3 second gap. Three seconds is a very little bit of time to compete with a full panic ABS stop where their only consequence is a spilled drink.

crowmolly > McMike 06/23/2014 at 15:13

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I'm glad you are OK! I can't imagine being a motorcyclist with all the mayhem on the road.

Here's a good one, too:

A guy who works for me is a retired motorcycle cop. 30 years on the road and never dumped his bike once. Two years ago was his first time going down, and it was because a tractor trailer dumped ladies' hand cream on the highway. He kept it up for a good 100 yards before hitting the pavement, and when he got up he got a round of applause from the onlookers. He had a beautiful Harley Road King and said the crash bars saved his ass.

Not really relevant but thought I'd share.

pfftballer > Two Drink Minimum 06/23/2014 at 16:15

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What are you on about?

BJ > Dukie - Jalopnik Emergency Management Asshole 06/23/2014 at 23:29

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The road she stopped on was a four lane divided highway (Autoroute 30). Quebec's autoroutes do not allow any access except through merge lanes. There are no perpendicular entry points, level crossings, left turns or other silly business. I suppose that it's the equivalent of an Interstate.

The speed limit is typically 100 km/h outside of high-density areas, but in practice ranges easily up to 120 km/h in normal traffic flow. There are autoroutes in the city that have 70 km/h posted limits and you rarely travel under 100 km/h when traffic is light, just to give you an idea of how it works here.

BJ > Jayhawk Jake 06/23/2014 at 23:33

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She won't end up with life in prison, she'll probably get a suspended sentence and community service. At least, that's what I hope for.

She has no criminal record. She has a university education (she made the Dean's list in business school) and could therefore make a useful contribution to society. Prison will only ruin her, moreso than this ordeal already has.

BJ > SnapUndersteer, Italian Spiderman 06/23/2014 at 23:52

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This young woman will likely not spend life in prison. However, she will likely keep her permit and continue to benefit from the privilege of driving on our roads, without the need for any further training or a probationary period.

This, despite the fact that she has clearly demonstrated her inability to operate her motor vehicle in a safe and legal manner, and despite the irresponsibility of her actions, is a slap in the face to all Quebeckers.

This wasn't "oops, I didn't see your car while I was backing out of my parking spot." This wasn't "sorry, I spilled soda in my lap and got distracted just long enough to rear-end you at the stop sign."

This wasn't an accident - it was death caused by an inappropriate and legally negligent action. It was the same thing that happens when a drunk driver crosses the dividing line and takes a life of an innocent person. This woman made a choice, she took a conscious decision to do something dangerous that could put others on the road in harm. And instead of ensuring that she can't do it again by ensuring that she won't ever drive again, we'll just give her a slap on the wrist as we hand back her keys.

RotaryLover > SnapUndersteer, Italian Spiderman 06/24/2014 at 07:53

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It's Quebec...she'll get released soon, you'll see. Our justice system is a complete failure.