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This article was published 13/4/2015 (1987 days ago), so information in it may no longer be current.

The Crown is seeking up to two years in jail for a Winnipeg man behind the wheel of a deadly crash into a hair salon.

But Adebola Shoyoye, 35, says he should be allowed to remain free in the community. He is seeking a non-custodial penalty such as probation, saying this was a tragic accident that he couldn’t avoid.

Kendall Wiebe, 28, died when a 2012 Jeep Liberty crashed at high speed into the Ultracuts hair salon in April 2012.

Queen’s Bench Justice Chris Martin reserved his decision until April 30 after hearing a full day of legal arguments Monday.

Shoyoye pleaded guilty to dangerous driving causing death and bodily harm stemming from the April 2012 incident on Portage Avenue. Kendall Wiebe, 27, was killed and another woman was seriously injured when Shoyoye’s SUV smashed into the Ultracuts at the Crestview Shopping Centre.

"I had no brake, I had no brake," a distraught Shoyoye told police following the crash. "I tried to stop."

Defence lawyer Tim Valgardson said his client experienced what experts often refer to as "unintended acceleration" or "pedal misapplication." He told court Shoyoye tried to hit the brakes but somehow hit the gas instead, then panicked and continued to pump the gas when his car sped up.

"This was a tragic accident. And yes, there were devastating consequences. But it was an accident nonetheless," said Valgardson. He said sending his client to jail for this type of offence would be counter-productive.

The Crown disagrees. They cited Shoyoye’s previous driving record, which includes 11 crashes — eight of which he was found to be 100 per cent at fault. There are also seven previous violations under the Highway Traffic Act.

"Because of your senseless act we lost a companion, a family member, a sister, a perfect citizen. But most importantly, a mother," Steve Cancilla, Wiebe’s common-law husband, told court Monday in a victim impact statement.

Wiebe was the mother of the couple's four-year-old daughter, Brynn, and was helping raise Cancilla's nine-year-old son and 13-year-old daughter from a previous relationship. He called Shoyoye a "menace on the road" who needs to be punished severely.

"Nothing will ever make sense of that day.. One minute she’s sitting at work. The next it’s like a bomb exploded in her life," said Cancilla. "Nothing will give me satisfaction or closure other than you meeting a similar fate. I will never be able to forget your act. I do not believe this could be an accident. Only you know what truly happened that day. That should haunt you the rest of your life."

The survivor of the crash also provided a statement to court Monday, describing how she continues to battle anxiety and depression. Her leg was shattered and she continues to mourn Wiebe, her co-worker and best friend.

"My life will never be the same. Every day is a challenge," she said, adding she has to take sleeping pills at night to avoid "being woken up by my own screaming."

Police spent six months investigating before charging Shoyoye, who proclaimed his innocence in a previous Free Press interview.

"I thought they were going to clear me," Shoyoye said at the time. "As God as my witness, I did nothing wrong."

Police said their investigation, which included working with Transport Canada and Chrysler Canada, could find no mechanical problems with the 2012 Jeep Liberty Shoyoye was driving that day. They said the only conclusion police were left with was driver error. There had been widespread reports of Jeep models experiencing unintended acceleration in Canada and the United States over the past few years, but subsequent investigations in both countries found no mechanical defects.

On the day of the crash, Shoyoye had spent the afternoon visiting his mother, who had recently moved to Winnipeg from Nigeria. He said he was on his way home when the Jeep went out of control. His lawyer said Shoyoye has a criminology degree, but has found it difficult to find any work in the field because of this incident. He is currently employed full-time in the construction industry while out on bail, court was told.

www.mikeoncrime.com