'Exceptional' sentence of house arrest sought for impaired driving case

Longwoods Road as pictured near the hamlet of Louisville in the municipality of Chatham-Kent, Ont. on Thursday, May 25, 2023. (Michelle Maluske/CTV News Windsor)

A defence lawyer seeks an ‘exceptional’ sentence of house arrest for an ‘exceptional’ case of impaired driving causing death of a Dresden woman.

The prosecutor, however, wants to send Arielle Wall, 22, also of Dresden to prison for six years.

“The whole thing is tragic,” defence lawyer Ken Marley told CTV News Wednesday. “As his honour (Justice Russell Raikes) said in court, no matter what he decides, no one wins in this case. No one.”

In September 2023, Wall was convicted of impaired driving causing death and operation while impaired over 80 (milligrams of alcohol in 100 mil litres of blood). She was acquitted of a third charge of dangerous driving causing death.

On April 12, 2021, Wall was driving on Longwoods Road when the vehicle left the roadway near Louisville and came to rest in a wooded area.

Her friend, 19-year-old Gabrielle Emery, died as a result of her injuries sustained in the collision.

“I don't mean to take anything away at all from the loss that Ms. Emery's family has sustained. It's tragic,” Marley said before adding. “There are lots of things about her (Wall) that are exceptional, and in my view, justify an exceptional sentence.”

Marley has asked for a ‘conditional sentence’ - commonly known as house arrest - of two years less a day.

“House arrest and conditional sentences of imprisonment are reserved for people who are considered not to be a threat to the safety of the public, and who can be trusted to follow their conditions while serving their sentence in the community,” he said.

According to Marley, Wall doesn’t have a criminal record, has a supportive family and needs to access the kind of counselling best found in the community because of traumas she’s lived with her whole life.

“Her father was killed in a boating accident,” Marley said. “He drowned in a boating accident as he was trying to save her. She was eight years old at the time and she's lived with the guilt associated (with) that her whole life.”

And then to be responsible for her friends death has led to more feelings of shame and remorse for Wall, according to her lawyer.

Plus, Marley says someone posted stickers that say ‘Arielle Wall is a killer’ in public areas around Dresden.

“And you can just imagine for a shy, withdrawn young lady who lives in a community that size that whoever put those stickers up, caused her a great amount of shame and embarrassment,” Marley said.

The prosecutor now on the case, Ryan Iaquinta, asked Justice Raikes for a sentence of six years in prison, according to Marley.

He told CTV News that is inside the range of recent court decisions on impaired driving causing death cases.

“My concern is that type of sentence (prison) focuses too much on the offense and not enough on the person before the court,” Marley said. “I tried, as best as I could, to persuade Justice Raikes that the nature of this particular offender justifies her being allowed to serve her sentence in the community.”

Wall will be sentenced by Justice Raikes on Feb. 6.

“She's a wonderful young lady who will be shocked if she is sent to a penitentiary,” Marley said. “There's no question about that.”

Change in prosecutor

Iaqunita replaces Nick Bazylko, who argued the case during the trial last fall.

At the last court date, the judge learned Bazylko was no longer handing the Wall matter with no reason given.

“The explanation has now become clear,” Marley said Wednesday, telling CTV News Bazylko has been appointed as a Provincial Court judge in Windsor and had to have all of his cases reassigned.