The semi-truck driver responsible for the crash that killed a young mother near Hedley in 2019 was given a conditional sentence, with the first 14 months of it under house arrest.
In April 2022, Andrey Malyshev was found guilty of the dangerous operation of a motor vehicle resulting in death for the crash that killed Alanna Dunn.
At the time, the judge said that Malyshev’s driving, as captured on video by his own dashcam, “demonstrated a profound and prolonged disregard for the rules of the road and the safety of others.”
Malyshev returned to Penticton court on Feb. 6 to hear his fate after the judge asked for more time to decide on the appropriate sentence.
The judge ended up siding with largely with defence and gave Malyshev a conditional sentence for two years less a day, with the first 14 months under house arrest and the remainder under curfew. Dan McLaughlin, communications counsel for the BC Prosecution Service, confirmed that Malyshev would also face a three-year driving prohibition and be required to do 40 hours of community service.
On March 22, 2019, Malyshev had been driving a tractor-trailer and had repeatedly crossed the centre line of the highway, as well as driving onto the wrong side of the lane based on dashcam footage viewed by the judge.
Immediately prior to the crash, the dashcam footage shows that Malyshev’s truck was straddling the double-yellow centre line for over a minute, before going into a turn and flipping onto its side. In the six seconds, before it flipped, the lights of Dunn’s car could be seen in the video.
Based on evidence from the scene, including skid and gouge marks in and around the crash, Dunn had already pulled off the travelled portion of the highway in what Judge Keyes said appeared to have been an attempt to avoid the tractor-trailer.
Dunn had been on her way to work at the Copper Mountain Mine in Princeton, a job she had recently started, when the crash occurred. She had two small children.
Crown prosecutors were seeking three to five years in prison, followed by a five-year driving ban. Defence wanted a conditional sentence with no time behind bars.
Malyshev’s lawyer stated in November that he has repeated nightmares over the crash, and that ICBC is pursuing him for the payout to Dunn’s family.
“I never expected it to happen, and never intended it to happen,” Malyshev told the court in November. “If I could only change anything to prevent the situation, I would love to do that.”
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