WESTLOCK – The elderly Westlock woman whose improper left hand turn on Highway 44 led to the death of a 54-year-old female motorcyclist from Barrhead on Father’s Day 2022, faces a steep fine and three-month driving ban.
Appearing in Westlock Provincial Court Nov. 8 via Webex from the office of her lawyer Richard Forbes, Elsie Nestorovich, 83, pleaded guilty to making an improper left turn as per Section 26 (1) of the Traffic Safety Act, Use of Highway and Rules of the Road Regulation, while a charge of careless driving under Section 115(2)(B) of the TSA was withdrawn by Crown prosecutor Brett Grierson.
Judge Joanne Heudes accepted the joint-sentence submission from Grierson and Forbes that’ll see Nestorovich pay a $2,000 fine, the maximum penalty for the offence, and surrender her driver’s licence for the next three months, also the maximum — Nestorovich was given until July 31, 2023, to pay the fine.
Judge Heudes offered her sympathies to the family and friends of the Barrhead woman, Sherry Henke, who was killed following the collision at the turn-off into the St. Mary of the Assumption Catholic Cemetery — Grierson revealed the name of the woman while detailing the facts of the case.
“It’s a joint submission and it’s at the highest end and that’s the best that can be offered in these circumstances. I offer my sincere condolences to you as well, it’s a horrible position you find yourself in,” said Judge Heudes addressing one of Henke’s daughters who was in court.
Forbes said it was an incredibly tragic accident as his client had been going to the cemetery that day, Father’s Day, to lay flowers on the grave of her late husband. Since the crash, Forbes said Nestorovich has not driven and “has no desire to get behind the wheel again.”
“There is nothing else Mrs. Nestorovich can offer, except for her condolences to the family. And we thank them for participating in this resolution as painful as it has been,” said Forbes.
The crash
A previous RCMP release states that just after 2:25 p.m., June 19, a car heading south on Highway 44 that had turned left into the cemetery, collided with a motorcycle heading north.
Grierson said eyewitness statements combined with an RCMP collision reconstructionist investigation determined that Nestorovich had come to a stop in her car just before making the turn and then crossed the centreline and collided with Henke, who had been heading north on her motorcycle.
“Hardest day of my life”
Two victim impact statements from Henke’s daughters were read into the record — the first by Natasha, while Grierson read in a statement from her older sister Sarah.
Natasha, 22, who took a minute at the podium to collect herself before a friend joined her at her side, said June 19 “was the hardest day of my life.”
“I was without my father growing up so my mother was all I had. Speaking with everyone who had the privilege of knowing her, this woman was someone you only meet once in a lifetime,” she said, sobbing and choking back tears. “I thought that we had forever together but I’ve been robbed of that time. I’ve been putting myself on autopilot ever since just to get me through the days and it doesn’t feel like I’m living anymore. I’m just trying to survive.”
Natasha said it’s taken her months to accept that her mother won’t be coming home and she now suffers from severe depression and doesn’t sleep most nights “because the silence is too loud in the house as I’m surrounded by her belongings and pictures and my mind floods with memories.”
“My mother’s death has left me in a crippled state of mind and ripped every ounce of joy and hope from my life. For today and the rest of my life I will be haunted by this tragedy.”
Sarah’s statement noted that her mother died weeks before the first birthday of her own son, a fact that “pains her greatly.”
“My mom will never get to live out her full potential to be a grandmother and watch him grow, and be there to celebrate his achievements and milestones,” reads her statement in part.
