'A slap in the face': Defence wants three years for man who killed 11-year-old St. Thomas boy while driving impaired

Victim impact in death of 11-year-old boy Victim impact statements took place in a St. Thomas courthouse today in impaired driving death of a child. CTV London's Brent Lale reports.

Tensions and emotions were high as Nicolas Lemke made his way into a St. Thomas court Wednesday.

The young man, who was 19 at the time of the offence, heard 21 victim impact statements from family and friends of Aiden Curtis.

“It was probably one of the most emotional days of our lives,” said Crystal Payne, Aiden’s aunt.

“There was a lot of people that really loved Aiden and that miss having him here and his gentle soul. So, they needed their voices to be heard.”

Curtis was an 11-year-old boy who was killed when an impaired Lemke drove his truck on a Talbot Street sidewalk and hit the boy and others.

Back in July, Lemke plead guilty to impaired driving causing the death of Curtis, and impaired driving causing bodily harm to two other adults who were injured.

With extra police brought in as a precaution, it was a full day today of emotional statements, and both lawyers made submissions.

“We just want it over,” said Betty Curtis, Aiden’s grandmother. “It's gone too long, and we can't take much more of this.”

Crown attorney James Rose is asking for a sentence of six to eight years in prison for impaired causing death and a 10-year driving prohibition after prison.

He added a concurrent sentence of two to three years for impaired causing bodily harm of Carol Wilson and six months concurrent for impaired causing bodily harm of Mark Lavallee.

The defence argued for a sentence outside the typical range. Lemke wiped tears in Court while Lawyer Keli Mersereau read that her client expressed remorse.

“It sickens him that he caused this much pain, suffering and loss.”

The defence is asking for three years in prison for impaired causing death, as well as a seven-year driving prohibition.

Mersereau seeks 18 months concurrent for the injuries to Wilson and 60-90 days for the harm to Lavallee.

“All I kept hearing was Canada is way too lenient on drunk drivers,” said David Archer, a cousin of Aiden, who read eight different victim impact statements on behalf of family and friends.

“If you're going to drive drunk, you deserve the book.”

When it comes to the defence asking for just three years, he called it a “slap in the face.”

“It's the most ignorant thing in the world. Aiden doesn't get just three years of not being around. You made a stupid decision. You should have to pay the price.”

Aiden’s mother told the court that “No amount of jail time will bring back her son”. Her sister Crystal was disappointed with the defence’s reasoning for a reduced sentence.

“It's maddening because it's all we felt like we heard today were excuses,” said Crystal.

“It was minimizing the thing that actually happened, the death, the injuries and all of the trauma that it's caused for everybody involved.”

Justice Glen Donald will make his final decision on the sentence on Jan. 17, 2025.