Driver sentenced for crash that killed motorcyclist

A Souris woman was sentenced to five months of house arrest followed by a two-year driving prohibition for causing a collision that killed a motorcyclist in 2024.

Kaleigh Somersall, 39, pleaded guilty to careless driving causing death in connection with an Oct. 8, 2024 collision that killed 48-year-old Jason Gerlach of Brandon.

“My words are not enough for what has happened. If I could take all this sorrow and pain away, I would,” Somersall said during her sentencing hearing in Brandon provincial court on Tuesday afternoon.

The Crown and defence jointly recommended the sentence of five months of house arrest.

Police were called to a motor vehicle crash on Provincial Road 250 at around 5:20 p.m. that involved an SUV and a motorbike, court heard.

Gerlach died at the scene, and Somersall was identified as the driver of the SUV.

Based on scene examination, damage to the vehicles and data from Somersall’s vehicle, investigators determined Somersall’s Jeep was travelling south on Provincial Road 250 and navigating a right-hand curve in the road, Crown attorney Nikki Boggs said.

Gerlach was travelling north and navigating the same curve.

Somersall was driving between eight and 10 kilometres above the posted speed limit of 100 km/hour, and cruise control was engaged, Boggs said.

While navigating the curve, the Jeep went into the opposite lane, and the driver’s side front tire hit the opposite shoulder of the road.

Data from her vehicle showed Somersall made a “rapid right-hand steering input” to avoid going into the ditch, Boggs said. It was at that point the vehicle collided with Gerlach on his motorbike, court heard.

“It was determined by the traffic analysis that Miss Somersall’s inattention or distraction were primary causal factors in the crash,” Boggs said.

The Crown said Somersall did not have a prior criminal record but does have a driving record with several convictions for speeding, including from February of this year.

Boggs suggested that a two-year driving prohibition follow Somersall’s sentence.

Gerlach’s common-law partner, Karen Grant, told the court she has lived with constant grief since his death.

“When I think about how quickly Jay’s life ended, I feel anger and a devastation that a preventable distraction took him from us, from me,” Grant said. “He deserved to come home safely that day to me, to our home, to our family.”

She said she hoped the outcome of the hearing sent the message that distracted driving is unequivocally unacceptable.

A family friend read a victim impact statement on behalf of Gerlach’s mother, Bonita.

“(Bonita) now lives an empty life that cannot be described. She will never hear her son’s voice, hear his laughter, feel his warm hugs or see his beautiful smile.”

She said Jason was the love of Bonita’s life, as he was her only child.

Defence lawyer Jeffrey Gindin said the offence was “extremely tragic” for both the family of the victim and the accused.

Somersall immediately went to counselling as she was having difficulty handling the situation and hasn’t been able to work full-time because of her emotional state, he said.

He said the collision was the result of a momentary distraction and that no alcohol was involved.

“The speed was very close to the speed limit, so that wasn’t the cause of the accident. It was her being distracted or losing concentration for a brief second or two. That’s all it takes, though,” Gindin said.

He said she feels profound remorse and has taken accountability for her actions since she was charged.

Gindin pointed out that the collision happened near the end of a curve in the road and that there was an elevated berm, which made it a bit difficult to see.

“These are all factors that show how fortuitous life can be,” he said.

Roughly a year before the collision, Somersall’s 10-year marriage with the father of her three children ended, Gindin said, making her a single mom.

He said the court should impose a driving prohibition lower than the Crown’s suggestion of two years, noting that having three children and not being able to drive for two years would be difficult.

Judge Shauna Hewitt-Michta said there is nothing she can do to bring peace to Gerlach’s family, and the sentence imposed is not a valuation of him.

She said a sentence of five months’ house arrest was within the appropriate range and agreed with the Crown that a two-year driving prohibition was appropriate.

She said she was “a bit shocked” to hear that since the fatal accident, Somersall had been stopped again for speeding.

“It causes me concern about what will be required, if not the death of Mr. Gerlach, to cause her to drive with better care and attention.”

The driving prohibition is an important tool in sending the message to Somersall and the community that driving comes with a large responsibility, Hewitt-Michta said.

Somersall poses a risk to the public by virtue of the collision and her driving record, she said.

“There is nothing you can do … to fix this, to take it back, to make it right. Nobody has to be defined by the worst mistake of their life,” she said. “I encourage you to reflect on what’s happened here and to commit yourself to being extremely careful going forward.”

» sanderson@brandonsun.com