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Driver in triple fatal crash into south Edmonton Starbucks addresses court

WATCH: A sentencing hearing continues for Oscar Benjumea. The defence has now laid out its submissions regarding what it feels is an appropriate prison term for the 27-year-old man who was behind the wheel for a fatal crash in south Edmonton. Sarah Ryan reports. – Dec 2, 2021

Oscar Benjumea used his opportunity to address the court on the final day of his sentencing hearing: to apologize.

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“There’s nothing I can ever do or say that would change the tragic outcome of July 3, 2020,” the now-27-year-old said.

“It’s excruciatingly painful to know that I can’t go back and change what happened.”

That night, witnesses reported seeing a vehicle speeding down Calgary Trail when it suddenly slammed into a Starbucks.

Court heard Benjumea’s Audi was going 186 km/hr in a 60 zone.

The subsequent crash claimed the lives of three passengers: Emma MacArthur, Georgia Donovan and Faisal Yousef.

READ MORE: ‘The nicest and best people’: 2 young women who died in Edmonton triple-fatal crash remembered

Benjumea, the driver, was the sole survivor. Good samaritans rushed to the scene and one tried to help him.

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In an agreed statement of facts, court heard Benjumea walked around the car and asked the good samaritans if they had a gun and would shoot him, repeating, “I’m f—-ng done” over and over.

Court heard Benjumea then fled the scene on foot, taking alleys and pathways to a 7-11, where he asked the clerk to call him a taxi.

The clerk refused, and he took off again, moving further away from the scene.

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He then went to a friend’s house, showered, changed clothes and got a ride home.

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The crown said Benjumea then drove around the city, calling friends.

READ MORE: Man pleads guilty to 4 charges in connection with 2020 crash in south Edmonton that killed 3 people

He was arrested by police 10 hours after the crash and officers found bloodied plastic bags with money and personal identification documents in his vehicle.

“My bad decisions resulted in the loss of three lives,” Benjumea said in court.

“If given the choice, I would give up my life for theirs in a heartbeat. I will carry this on my conscience, and bear this punishment for as long as I live.”

At the time of the crash, he was prohibited from driving after being convicted of refusing to blow in another incident.

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Court also heard Benjumea had been to seven bars or clubs the night of the crash and had drank at least six ounces of alcohol.

One of the victims — Faisal Yousef — was Benjumea’s friend. The pair had just met the two female victims earlier in the night at Spotlight Lounge, off Whyte Avenue.

“I’m terrible sorry for what I’ve done. It’s unforgivable. I’m sorry for my mistakes, I’m sorry for my choices. Most of all, your honour, I’m sorry it was them – not me,” he said.

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READ MORE: Victim of triple-fatal crash in Edmonton remembered as ‘a gentle soul’

“I’m constantly tormented by what I’ve done.”

Benjumea’s case never went to trial. He pleaded guilty to three counts of dangerous driving causing death, as well as failing to remain at the scene of an accident causing death.

51 victim impact statements were read to the court, outlining the gravity of loss felt by family and friends of the victims.

Benjumea’s lawyer Dino Bottos said he shows excellent prospects for rehabilitation.

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“Some members of the public would like you to lock Mr. Benjumea away and throw away the key. We understand that. However that is not how we sentence offenders in Canada,” Bottos said.

The crown is seeking a 13 year prison sentence followed by a 10 year driving ban.

In stark contrast, the defence says five to seven years in prison is more appropriate, followed by a five year driving ban.

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