A 31-year-old Pennsylvania man has been fined $3,000 and placed on probation for two years in connection with the crash that killed a Nova Scotia Mountie who had pulled over to help change a flat tire in eastern New Brunswick last fall.

Vasiliy Meshko of Wilkes-Barre is also banned from driving in New Brunswick for two years as part of a joint recommendation from the Crown and defence during his sentencing hearing in Moncton provincial court on Friday afternoon.

Meshko previously pleaded guilty through his lawyer to the Motor Vehicle Act charge of driving without due care and attention.

RCMP Const. Francis (Frank) Deschenes, 35, was struck and killed on Highway 2 near Memramcook on Sept. 12, while providing assistance to two people in an SUV.​

The Sainte-Anne-de-Madawaska native, who worked for traffic services in Amherst, N.S., had just finished changing the flat tire.

He was putting his tools back in the trunk of his marked cruiser, which was parked on the shoulder of the eastbound lane with its emergency lights on, when Meshko's utility van crashed into him, the courtroom heard.

Deschenes, a 12-year veteran of the national police force, died instantly. The people in the SUV were treated in hospital and later released.

Police said there was not enough evidence to lay criminal charges against Meshko.

A second Motor Vehicle Act charge of failing to move over was withdrawn by the Crown after Meshko's guilty plea.

Cause remains unclear

The fatal crash was described by both the Crown and defence Friday as a momentary lapse in judgment with tragic consequences.

Meshko wasn't doing anything illegal when the crash occurred, the packed courtroom heard. He was driving below the speed limit and there was no evidence he was impaired, or texting, said Crown prosecutor Tony Allman.

The weather was fine and road conditions were good, he said.

Nova Scotia RCMP Const. Francis (Frank) Deschenes, 35, was killed Sept. 12. (RCMP)

Witnesses reported seeing the van swerve abruptly into the passing lane and then back before the crash. They felt Meshko must have been distracted, said Allman.

But Meshko offered police no real explanation for what happened.

Allman said it's possible Meshko didn't see the police cruiser's emergency lights because the trunk was opened.

He noted the van was rented, so Meshko was not familiar with the vehicle, and the investigation found the van would not have passed an inspection, which also could have affected his control of the vehicle.

'Sometimes I wish it was me'

Meshko, a clean-cut young-looking blond man dressed in a suit and accompanied by members of his Ukrainian community, stood in court and asked Deschenes' family for forgiveness.

"I know I probably don't deserve this," he said. "Sometimes I wish it was me."

Members of Deschenes family cried during the proceedings.

Deschenes' widow, Savannah Bennett, said in a victim impact statement read aloud by the Crown that his loss has been devastating.

The couple had married just a few months before the fatal crash.

Bennett described her husband as a Canadian hero — a remarkable man who was always there to help.

She has been on anti-depressant and anti-anxiety medication since his death and has lost all interest in her usual activities, she wrote.

She has been unable to work, is struggling financially and had to sell the family home before she was ready, the Crown said.

Vasiliy Meshko pleaded guilty to driving without due care and attention, causing a crash with Deschene's police cruiser and an SUV.

Deschenes' mother, Marie Deschenes, said she cries every day.

"This has affected so many people. I hope the person responsible realizes this," her victim impact statement said.

Meshko's defence lawyer Hazen Brien said he has accepted responsibility for his actions and has expressed the deepest regret and remorse.

Meshko is a computer science graduate, but was a driving for a trucking company for the past year because he couldn't find a job in his field, he said.

Brien described him as a good, church-going man with no prior record.

Judge Troy Sweet called the case a very unfortunate incident. He said Meshko's temporary neglect has caused permanent harm, and he should think about that on a continuing basis.