Nicolas Lemke, 21, has been sentenced to six years in prison and given a 10-year driving ban for impaired driving causing the death on 11-year-old Aiden Curtis.
Justice Glen Donald handed down the sentence Friday in a St. Thomas courthouse.
“He’s going to jail, finally,” says Sarah Payne, Aiden’s mother, when referring to Lemke being on house arrest for 18 months since the crash in July of 2023. “Realistically, he could have got life. You can start with making him an example. If they start giving life sentences, then people might stop drinking and driving.”
The crown was asking for six to eight years and a 10-year driving ban, while the defence was asking for three years, with a seven-year driving prohibition.
After speaking to the courtroom for about 20 minutes, Justice Donald asked Lemke to stand and delivered his sentence.
It was five and a half years for impaired driving causing the death of Curtis. An additional six months consecutive for impaired driving causing bodily hard to Carol Wilson, and 90 days concurrent for impaired driving causing bodily hard to Mark Lavallee.
He also receives a 10-year driving ban once he is released from jail.
“One life, a child’s, was lost and many others were forever altered because of Mr. Lemke’s selfish actions and selfish decision to get behind the wheel after consuming alcohol to such a quantity that it impaired his ability to drive,” Donald told the courtroom of close to 50 people. “The devastation and suffering resulting from this decision was entirely avoidable.”
In delivering his sentence, Donald crafted an individualized sentence based on mitigating features.
They included his young age, this was his first offence, he suffers from mental health issues, he was bullied in school, isolated during the pandemic, used substances as a coping mechanism and is genuinely remorseful for his actions.
However, aggravating features included his blood alcohol concentration was 140mg/100 ml of blood and that he was driving on Talbot Street, impaired, during the dinner hour.
“The excuses that he’s [Lemke] making up for why he did what you did,” says Payne. “You did what you did because you’re a selfish, greedy person. I don’t care what other people go through all this crap to, and they don’t kill people.”
Aiden’s father Chad Curtis, said he came to the courthouse with low expectations.
“I came in here today telling myself he was going to get six months and a one year suspension,” says Curtis. “I’ve been telling myself this for over a year so that I couldn’t leave here disappointed today. We’ve been paying since this happened and we’re going to continue to pay. But at least it’s about time that he gets to pay a little bit now.”
Both Aiden’s parents said they are happy this is finally over. They haven’t slept much over the past 18 months, and it takes the pressure off coming to court.
“It doesn’t fix our lives,” said Chad. “Aiden’s gone and we we can’t change that. He [Lemke] can still straighten his life out. He has an opportunity to fix this. He can fix his own life. He can never change ours.”
Defence lawyer Keli Mersereau was surprised at the sentence length.
“I thought five years would be the highest, especially given a lot of the case law even heard some of the cases he referenced,” said Mersereau. “I’m also surprised by the fact that the first count of impaired bodily harm resulted in a consecutive sentence of six months because all of the case law... speaks about in a situation like that, the sentences on the lesser offenses are to be concurrent. So that very much surprises me. I’m not sure why the judge did that.”
After the sentencing Mersereau was asked how her client felt.
“He is a very quiet individual, and while I can’t speak for what’s in his head, but I’m certain, like anyone can imagine someone who’s 21 years of age, very naive individual who has never been in trouble, that this is a very frightening day for him,” said Mersereau.
Donald told Lemke “I know this is not the sentence you were hoping that I would deliver... I ask you to put aside any feelings of disappointment that may result as quickly as you can so that you can prepare for and openly accept all the rehabilitative opportunities that I know will be present for you when you reach the finish.”
“I encourage you to be as open and honest as you can be with all of your counselors there and the ones you will need. Please use the best use of your time and everyone here surely hopes that you do,” said Donald.
Chad said it’s now time to start the rest of his life, “I’ve seen a commercial recently with a snail getting across the sidewalk and that’s me,” he said. “Just move forward. No obstacles, just move forward, and keep doing that. That’s all we can wish for.”
