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Crash victim says sentence too short

A man who's life was turned upside down two years ago when he was run off the road by a rampaging driver is disappointed with a three-year jail term for the man responsible.

A man who's life was turned upside down two years ago when he was run off the road by a rampaging driver is disappointed with a three-year jail term for the man responsible.

James Robert Hicks was found guilty of robbery, dangerous driving, theft of a vehicle, resisting a peace officer, leaving the scene of an accident, evading police, assault with a weapon and mischief.

A judge sentenced Hicks to six years in jail two weeks ago, but reduced the sentence by three years for time served. Hicks was given 1.5 days credit for every day he spent in the Calgary Remand Centre.

One of his victims said he believes the man played the system by dragging on the court proceedings to accumulate more credit.

“He continuously fired lawyers,” said Kyle Cotterell, who was rear-ended and run off the road by Hicks. “It's a slap in the face of the victims.”

Hicks crashed his car on Deerfoot Trail near Memorial Drive and then stole an SUV from a man who stopped to help him. He drove the stolen vehicle to the Foothills. At the Aldersyde Petro Canada he backed the SUV into the convenience store, causing more than $45,000 damage. Hicks then continued west on Highway 7 and smashed into the back of Cotterell's one-ton truck twice before he smashed into the driver's door of a Volker Stevin dump truck. At the scene of that accident Hicks stole another vehicle from someone who stopped to help. A police pursuit ended when Hicks became stuck in a field at a dead end on Secondary Highway 783.

Cotterell said the situation was terrifying.

“I was doing 120 km/h to increase the gap between us and he hit me like I was standing still,” Cotterell recalled.

Hicks' vehicle was stuck under his back bumper, Cotterell said, and then broke loose. Hicks accelerated and hit him again, he said. Cotterell said he escaped death that day.

“Had things gone differently and I'd hit the dump truck that day who knows what could have happened,” he said.

He credited the dump truck driver with saving his life.

“Had (the dump truck driver) not been the professional driver he is, the outcome would have been totally different,” he said. “He was primarily in the ditch trying to avoid a collision.”

Cotterell hit his head on the window and hurt his shoulder. His truck required $20,000 in repairs and was in the shop for three months. There were also long-term emotional effects, he said.

“For three months I drove past the scene and I could see my marks where I hit the ditch,” he said. “I'd get chills. It was eerie to drive past a place you could have been killed.”

Getting back in a vehicle was also difficult, he said.

“For the first six months I was absolutely paranoid whether I was the driver or in the passenger's seat,” he said. “It was really bad when people were speeding or tailgating.”

Cotterell said his insurance coverage was minimal because he was hit by a stolen vehicle and he had to pay to rent a vehicle himself. Cotterell was also working overseas at the time and had to miss two months of work when he was subpoenaed for court.

He said Hicks' apology in court doesn't ring true to him.

“He has no remorse between the snickering and smiling,” Cotterell said of Hicks' demeanor in court.

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