OTTAWA – An Ottawa judge sentenced the son of former Newfoundland premier Brian Tobin to three years in jail for the drunk-driving incident that killed his friend last December.
Jack Tobin, 24, pleaded guilty to impaired driving causing the death of Alex Zolpis in May. He is also banned from driving for seven years.
Zolpis was killed on December 24, 2010 when he fell out and was pinned beneath a pickup truck driven by Tobin. The young men had been drinking in Ottawa’s Byward Market before returning with friends to the parking garage where they left Tobin’s truck.
The group drank some more before driving to the top level of the garage and doing two doughnuts, during which Zolpis fell out of the truck.
The Crown originally argued for a five-year sentence to send a strong message of deterrence, while Tobin’s lawyer argued for a jail term between 18 and 30 months.
“There is no sentence that I can impose that will remove the loss, the pain and the hurt suffered by the victim’s family and friends,” said Justice Lise Maisonneuve in her decision Wednesday.
She said a five-year sentence was more than what was necessary to deter both Tobin and others from repeating his mistakes.
She read the decision in a packed courthouse in downtown Ottawa. Zolpis’ family, including his girlfriend Emma Roberts, attended the sentencing, occasionally wiping tears from their eyes as they held framed pictures of the man they had lost.
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Roberts said no sentence could ever be enough.
“I’ll never be satisfied. Alex is gone. He was killed by a drunk driver who drove extremely recklessly. We are left to pick up the pieces,” she said.
Zolpis’ parents said their only hope was that Alex’s death would remind everyone about the consequences of drinking and driving.
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“Everyone must be careful to avoid placing others at risk of their poor judgment and reckless behaviour,” said Alex’s father, Ed Zolpis.
The entire Tobin family was also in the courthouse to support Jack. His father, Brian, repeatedly shut his eyes tightly during the lengthy reading of the facts of the tragic case.
Jack stood solemnly as the judge read him the sentence answering “I do” when the judge asked him if he understood the conditions of the driving ban.
After the hearing, Brian Tobin said the family believes in Jack, a man who made a “serious mistake.”
“The best way he can honour his friend Alex is to have a good life and to continue to contribute to his community and we know that he will,” said Tobin.
Reasons for judgment
Crown prosecutor Mark Moors said the sentencing, while not the five years he asked for, showed a careful consideration of the case and the law.
“Our only hope is that that kind of sentence is going to make people consider the consequences …. People that drink and drive kill people, they destroy lives,” he said.
Along with established common law, Justice Masionneuve said she took several factors into consideration when deciding an appropriate punishment including the amount of remorse Tobin shows.
“There is no doubt that Mr. Tobin very much regrets his action. I accept his word when he says that he honestly wished he had been the only victim of his actions,” she said.
Tobin contemplated suicide in the aftermath of his actions, and even slept in the same room as his parents for several weeks so that they could watch him, according to the decision.
Masionneuve also quoted a report from Tobin’s psychologist, in which she wrote: “He has been devastated, horrified and grief-stricken by what has happened and his role in it. At no point has he run from responsibility, excused himself or blamed others.”
Still, Tobin’s “gravely irresponsible act” left Zolpis dead and his family “crushed,” according to Maisonneuve.
“Our hopes for him and his future life have been dashed,” his parents told the court earlier this month. “Our sorrow at this loss is endless.”
Tobin had a blood alcohol level more than twice the legal limit on the evening Zolpis was killed.
Justice Maisonneuve also considered Tobin’s driving record which included 11 speeding tickets and a previous drunk-driving incident, but no criminal charges.
“Mr. Tobin, I sincerely wish you good luck,” Maisonneuve said as she left the courtroom, while Tobin’s family embraced.
A deadly decision
Tobin, Zolpis and a group of their friends had been drinking in Ottawa’s Byward Market the night of December 23.
Tobin, Zolpis and a group of their friends had been drinking in Ottawa’s Byward Market the night of December 23.
After leaving the bar, the group decided to head back to Tobin’s 2010 Dodge Ram pickup truck, which was parked in a parking garage.
The group continued drinking while listening to music, before Tobin drove the truck up to the snow-covered top level of the garage and decided to do a couple doughnuts.
When they got out of the truck, they found their friend Owen Seays half underneath the vehicle. Then they realized Zolpis, who was intoxicated and having trouble sitting up, was missing.
They found Zolpis’ body and clothing caught up in the drive shaft of the truck and immediately tried to free him.
To this day, no one can explain how Zolpis got out of the truck in the first place.
Tobin threw the whiskey bottle the group had been drinking from off the roof before the police arrived, but admitted to being the driver.
At the police station, Tobin gave a statement admitting his guilt, writing: “I drank. I drove, now someone’s dead. He was a good friend.”
Tobin formally pleaded guilty at a court appearance in May.
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