A Penticton Mountie who struck and killed a young boy in personal vehicle escapes jail time.
The incident happened in September 2015 at the intersection of Highway 97 and Green Mountain Road where off-duty Const. Ace Jimmy Stewart ran over five-year-old James Christian McIntosh.
The child was pushing his bike through the crosswalk when he was struck.
He pleaded guilty to the charge.
On Monday, Stewart was ordered to pay a $1,500 fine. He could have received six months in jail and a maximum fine of $2,000.
The court heard how Stewart failed to see McIntosh at the crosswalk and a possible reason was because Stewart recently had his pick-up truck fitted with a lift-kit, raising the truck’s height and limiting his line of sight.
During sentencing, Stewart addressed McIntosh’s mother saying: “I’m sorry this tragedy happened and I’m sorry for the pain you and your family endure. But I need you to know that James is special to me and he’ll always be in my heart.”
Stewart went on to say that he would gladly exchange his life for James’ life and that a day doesn’t go by when he doesn’t think about the boy.
The boy’s mother, Elizabeth McIntosh and Stewart hugged outside the courtroom. When asked if she forgave Stewart, McIntosh would only say that her family is trying to move on.
Stewart was ushered out a courthouse back door to avoid reporters. He hasn’t returned to work since the incident.
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