Victims’ friends call conditional sentence a ‘holiday’

Family and friends of Jody Rolleman and Marvin Elgersma called the conditional sentence Balwinder Biring was given for causing the crash that killed the two men “a holiday.”

“The loss is just so great compared to the punishment,” Alice Rolleman said outside B.C. Supreme Court in Chilliwack Monday.

Biring, 36, pleaded guilty last year to two counts of dangerous driving causing death and one count of dangerous driving causing bodily harm.

On Sept. 11, 2006, Biring picked up a load in Surrey and drove his tractor-trailer unit east on Highway 1 toward Alberta. Shortly after 9 p.m., he lost control of the

truck near the Prest Road overpass when, as he tried to pass another semi, his left wheels went into the soft shoulder and his trailer shifted and rolled to the left.

The vehicle slid across the grass median and into westbound lanes, where Rolleman, 25, was driving a pickup with friends Elgersma, 26, and Justin Locke, 25, as passengers. Rolleman saw the trailer and tried to swerve out of the way but the driver’s side of the truck hit the trailer. Rolleman and Elgersma died and Locke suffered serious injuries.

“There was clearly nothing Mr. Rolleman could do to avoid the collision,” Justice Brian Joyce said in his reasons for sentence.

Joyce said Biring’s driving leading up to the crash was aggressive, but did not constitute a lengthy period of careless driving. The driving became dangerous when Biring passed the last two semis and ended up with his wheels in the median.

He pointed out that Biring is truly remorseful for his actions and will have to live with the consequences for the rest of his life. Biring also has a driving record but no criminal record – he was acquitted in October of charges related to smuggling drugs across the Canada-U.S. border.

Biring faces significant civil penalties, as the Insurance Corp. of B.C. will seek reimbursement of the approximately $340,000 it has paid out in damages.

Joyce said the case was tragic and the impact on the Rolleman and Elgersma families and Locke is enormous.

“I hope the passage of time will ease their pain somewhat,” Joyce said.

Crown was seeking jail time, but Joyce sentenced Biring to two years less a day, to be served as a conditional sentence in the community. For the first year he will be under house arrest, followed by six months with a 10 p.m. to 6 a.m. curfew. He will also have to complete 40 hours of community service and will be subject to a five-year driving prohibition.

Joyce said that Biring’s community service could include speaking to truck drivers and others about the consequences of dangerous driving.

Alice Rolleman and Elgersma’s mother, also named Alice, said although they knew it was possible Biring would get a conditional sentence, they were disappointed with the justice system.

Rolleman’s mother said, “If it was a stronger sentence, it would also be important for other drivers that drive large vehicles.”

“It’s unbelievable,” Alice Elgersma said. “He killed two boys. There’s a piece missing. Life will never be the same.”