‘Just horrible’: No jail time for man who fled deadly Burnaby hit-and-run

A B.C. man who fled the scene of a deadly crash with a motorcyclist in Burnaby won’t spend time behind bars.

James “Mark” Peters, 59, was on his way home from work on June 19, 2021, when he was hit from behind at a red light at Canada Way and Imperial Street.

Marcel Genaille, who was behind the wheel, pleaded guilty last May to leaving the scene of an accident involving death.

2:13 Surveillance video used in court case of fatal hit-and-run of Burnaby motorcyclist

On Thursday, B.C. Provincial Court Judge Andrea Brownstone handed Genaille an 18-month conditional sentence, with the first eight months under house arrest.

The house arrest component includes an exemption to allow him to leave home for work or medical appointments. Brownstone did not hand Genaille a driving prohibition, but he won’t be allowed to drive for any purpose other than work for the first year of his sentence.

“The offence I am sentencing Mr. Genaille for is not causing the death of Mr. Peters. It must be remembered he was not charged with that,” Brownstone said in handing down the sentence.

Video entered as evidence in the sentencing hearing showed Genaille’s Honda Accord behind Peters’ motorbike before the crash, travelling 24 kilometres per hour over the speed limit.

The collision threw Peters 17 metres. The father of two’s bike was thrown 64 metres.

Genaille fled the scene, losing the front bumper and licence plate of his vehicle on the way to abandoning it.

2:00 Sentencing hearing for man involved in deadly hit-and-run

Security video showed him stopping in an Esso convenience store about 20 minutes later and buying a few items and chatting with the clerk.

“I thought the judgement was just horrible,” said Martin Schlegel, a former colleague of Peters’.

“People should be accountable for their actions. What happened today wasn’t part of the justice system … he didn’t get any jail time, just home stay and he’s still allowed to drive.”

The court heard that Genaille initially went to Burnaby RCMP after the collision, but denied involvement. Instead, he claimed he’d been at his recovery house that night.

Brownstone acknowledged Genaille’s deception was an aggravating factor in the case, but was in part mitigated by the systemic discrimination and cultural challenges he has faced as an Indigenous person.

Prosecutors had sought a two-year jail term and a five-year driving ban, while Genaille’s defence had sought a six-month conditional sentence and a six-month driving ban.