Driver impaired by fentanyl sent to prison for 'devastating' death of Lakeshore woman
Trevor Hosie, 36, told the court he didn’t know the marijuana he consumed on May 6, 2023 was laced with a potent opioid.
“Sadly, this tragedy is the predictable outcome of the series of decisions made by Mr. Hosie on May 6, 2023,” Justice Christopher Uwagboe wrote in his sentence decision.
Even though he felt “unwell,” Hosie admitted to getting behind the wheel of his mother’s Jeep Cherokee and drove along County Road 22.
At approximately 2 p.m. in the afternoon, witnesses told police the Jeep was being driven erratically, “weaving in traffic,” and the driver appeared to be falling asleep.
Hosie admitted he wanted to pull over “to be sick.”
“Regrettably that is not the decision that Mr. Hosie followed through with. Instead, he decided to continue driving,” Uwagboe wrote. “This decision, the last in a series of unfortunate and criminal decisions by Mr. Hosie, resulted in him crossing the centre line and causing the collision, killing Mrs. Lopetrone.”
The head-on collision occurred on County Road 22 near Wallace Line.
Rosemary Lopetrone, a 70 year old “cornerstone of her family” died in hospital.
Through 20 victim impact statements, Uwagboe learned about the “legacy of resilience, kindness, empathy, strength, thoughtfulness, generosity and love” that Lopetrone left behind.
“Some even entertained the thought of a path to forgiveness for the conduct of Mr. Hosie which is no doubt a testament to the kind-heartedness of the person that Mr. Hosie has taken,” Uwagboe said.
Hosie has been in custody ever since the collision and pleaded guilty to one count of impaired driving causing death and one count of failing or refusing to provide a sample.
Defence lawyer Neil Rooke, seen on May 7, 2024, represented Trevor Hosie in an impaired driving causing death charge. (Michelle Maluske/CTV News Windsor) Court heard in the moments after the collision, Hosie “appeared dazed and has pinhole sized pupils.” He also was falling asleep just before the field sobriety test.
When police read him the demand for a urine sample, Hosie refused.
A blood test would reveal 1.7ng/ml of fentanyl in his sample, six-and-a-half hours after the collision; a concentration the judge described as “considerable.”
“1.7 nanograms is considerable in that it can cause the death of a person who is a non user of fentanyl,” defence lawyer Neil Rooke told CTV News Windsor. “Trevor had indicated from the start that when he attended at his friend's residence, he believed he was consuming and ingesting marijuana.”
Rooke said Hosie wanted to plead guilty for his actions from the moment he was arrested.
“For him to have engaged in this sort of behavior and caused the loss he did is something he'll carry with him for the rest of his life. As he should,” Rooke said.
The judge gave Hosie credit for showing “genuine remorse” and for pleading guilty, thereby saving the court and the Lopetrone family “the pain and emotional stress of a trial.”
However, Uwagboe was critical of Hosie for being “misleading” in his pre-sentence report, his previous criminal record with 12 convictions, the fact he was only a G2 driver at the time of the collision, his efforts to hide his intoxication and moral blameworthiness.
“The message is not getting through,” Uwagboe said. “The community cannot become desensitized to the carnage caused by impaired driving.”
On the day Hosie pleaded guilty, Dec. 29. 2023, Uwagboe said there were three other impaired driving cases before the court.
“The potential for death with impaired driving is high and predictable,” the judge wrote.
Hosie was sentenced on April 15 to six-and-a-half years in prison (less 518 days in pre-sentence custody), a 10-year ban on driving and he must provide a DNA sample to the national databank.
“I sincerely hope that you take this time to reflect on your conduct and address your relationship with substances and their impact on your offending behaviour,” the judge concluded.
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