A Barrie man who used his vehicle to run down a neighbour he believed was having an affair with his wife shouldn’t go to jail, his lawyer argued in a virtual Ontario Superior Court hearing Tuesday.
“You did see his grief in person,” defence lawyer Robert Guerts said, referring to an earlier court hearing. “He was traumatized to the extreme.
"I think the correct solution in this case is a two-year suspended sentence with the maximum driving prohibition," Guerts added.
Isidoro Pacheco, now 57, pleaded guilty earlier to dangerous driving causing bodily harm.
Justice Cary Boswell concluded in November that Pacheco intentionally ran down his neighbour and “erstwhile best friend” whom he believed was having an affair with his wife.
In the late summer of 2018, an agitated and distressed Pacheco was driving along Baker Crescent — near Bayfield Street and Ferris Lane in north-end Barrie — when he saw the neighbour in his driveway helping his wife move out.
Pacheco and his wife had been involved in a heated dispute the previous evening after Pacheco saw his wife and neighbour at a laundromat. He was then up all night and in an agitated state; after breaking down at work, he was sent home.
As Pacheco travelled down the road while returning home, he saw the neighbour helping his wife move. Pacheco then aimed his Dodge Dakota truck at the neighbour and struck him.
During an earlier court hearing, Pacheco’s former wife testified the two weren’t having an affair at the time, although the judge observed that they now live together.
Crown attorney Hanieh Azimi told the court Tuesday that the neighbour was sent airborne and has lasting injuries which leave him in constant pain, unable to sleep and do things he was once able to do.
“This was not a minor incident,” she said. “He’s left with chronic problems in his knee and shoulder area.”
Azimi suggested a jail sentence of two years less a day, minus a one-week credit for pre-sentence custody. She also requested three years of probation, a three-year driving prohibition and that Pacheco’s truck be forfeited.
During Tuesday’s sentence hearing, Pacheco apologized and told the court he has little left to look forward to in life.
“I’m sorry about this whole incident. I’m still dumbfounded about what happened,” he said. “I’ve lost my wife, I’ve lost my children, I’ve lost everything in life. All I can say is be merciful to me son of God and nothing more.”
Court heard Pacheco has been living in Canada for 44 years. But as a permanent resident, there is a chance he could be deported to a place he hasn’t been to for a long time. While a Portuguese interpreter was on hand during the hearing, the country of origin wasn’t mentioned.
Sentencing has been scheduled for Feb. 17.
