Graeme Reed stood up and pushed a walker across a 12th-floor courtroom in downtown Toronto Friday, before sitting down in the witness box and addressing the driver who drove drunk, leaving the 38-year-old with life-altering injuries.
His wife, Taylor, watching from the gallery with tears streaming down her face.
“From February 10 to April 24, I was in hospital. That’s 74 days or one-fifth of a year. That’s 1,776 hours of 106, 560 minutes. Every one of those minutes was spent in some form of physical pain and/or discomfort,” Graeme said.
Graeme was able to look directly at Nelson Jacob-Louis, the 36-year-old who struck the construction worker with the 2009 Volvo XC90 he was driving, just after 12:30 am on Feb. 10, 2023, on Allen Rd. near the Viewmount Ave. overpass.
He told the court that he has not been able to work since that night a year ago, after suffering life-altering injuries, including seven broken ribs, a broken femur, pelvis, a collapsed lung and a concussion.
“I am currently re-learning how to walk and regain the proper function of my body. A goal that I may never fully achieve due to the type and severity of my injuries,” Graeme explained, saying he suffers from nerve damage that numbs his left hip and knee. He also has pain urinating due to damage to his bladder and reproductive system. He experiences frequent headaches, muscle and joint pain, hives, occular pain and fatique.
A GoFundMe page set up to support Graeme through his recovery has raised more than $47,000.
Taylor and Graeme had only been married for six months when he was nearly killed. In her victim impact statement, she spoke about disbelief upon learning her new husband had been critically injured, how the couple has been forced to give up their marital home and move in with her parents because their home was not accessible. She is also only able to work part-time. “We have been forced into this financial situation as a direct result of one person’s decision,” Taylor said.
Last November, Nelson Jacob-Louis pleaded guilty to impaired driving causing bodily harm. According to the facts, he gave two breath samples to police after the accident. The readings were 132 and 115 mg of alcohol in 100 ml of blood. The legal limit is 80 mg/100 ml of blood.
The crown prosecutor told Justice Riun Shandler of the Ontario Court of Justice that an appropriate sentence for Jacob-Louis would be two years less a day in jail, a three-year driving prohibition and 18-months’ probation, explaining deterrence and denunciation must be paramount sentencing objectives.
Jacob-Louis’ lawyer suggested a conditional sentence in the range of two years, with an ankle monitor. Defence lawyer Elliott Willschick told the judge his client is remorseful, has spared the family what could have been a lengthy trial, and has tried to make amends for his actions.
Willschick said Jacob-Louis did not realize he had a drinking problem prior to the collision, immediately checked himself into an in-patient alcohol treatment and rehabilitation program in the days that followed and has no prior criminal record. “He is otherwise a remarkable citizen. He has a job. He has two children, and he works for the city of Toronto.”
Justice Shandler gave Jacob-Louis an opportunity to address the court prior to sentencing. Jacob-Louis apologized and said it was a “foolish” decision to drive drunk.
“I pray he’s able to make a full recovery and not a day goes by, I don’t wish I could trade places with him,” Jacob-Louis said, referring to Graeme.
The judge will deliver his sentence next month.
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