Fereidon Hayatibahar was 19 when he lost control of his friend’s mother’s Mercedes SUV on August 18, 2019, along Yonge Street near Townwood Drive in Richmond Hill, crossing oncoming traffic and sideswiping a car, hitting a another head, debris hitting a third. Forty-four-year-old Peyman Masoomi Fard who was the driver in the second vehicle was killed instantly. His wife, 41-year-old Nazanin Amiri, and the couple’s 12-year-old son were also seriously injured, as was the passenger in the other vehicle. Hayatibahar was convicted of criminal negligence and impaired driving causing death, and three counts of impaired driving causing death and bodily harm, earlier this year after a judge-alone trial. Story continues below ad
Read more: Trial begins for man suspected of speeding, driving drunk, killing Richmond Hill father
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Trial begins for man suspected of speeding, driving drunk, killing Richmond Hill father
Judge Joseph Di Luca noted that sentences for first-time offenders typically range from four to six years unless they have prior criminal or driving offences, but said the message about drinking and driving was repeated loud and clear here and decades, and For those who refused to listen, moral decency is enhanced precisely as society’s tolerance for impaired driving has decreased. “While only one person died in this case, it is just pure luck that the passengers in Mr. Masoomi Fard’s vehicle managed to survive. It’s also a miracle that no one else died,” Di Luca added.
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Di Luca pointed to a number of aggravating factors. Hayatipahar was well over twice the legal blood alcohol limit, his offenses resulted in the death and bodily harm of many victims and the little boy was present when his father died and could not be comforted by his impaled mother in the car and also seriously injured. Trending Stories
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The attacker, who was just 19 at the time, was also speeding for an extended period of time, saying it was not a momentary lack of judgment that had predictable and devastating consequences. Story continues below ad
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Di Luca also noted that while Hayatipahar has not accepted responsibility for his actions, he has expressed some limited remorse for drinking alcohol and being in a vehicle. “I am satisfied that an equivalent sentence is one of nine years in prison. It captures the horrific nature of the offence, including the death and injuries, and reflects the fact that he is a young man with no prior record and no prospect of rehabilitation,” Di Luca said. Outside court, Masoomi Fard’s uncle, aunt and cousin expressed relief that Hayatibahar had been given such a significant sentence. “It’s good that the referee got out of range to at least prevent other people. If this can stop even one more person from drinking, driving and destroying a family, that would be a kind of justice,” said Shohreh Rakhshan, Masoomi Fard’s cousin. Masoomi Fard’s wife and son are both physically and emotionally devastated following the sudden death of the husband and father, who worked as an engineer at Magna. The family came to Canada from Iran in 2018 for a better life and had plans for great success. Through hard work, they managed to buy a house and had plans to renovate and build their dream home. Story continues below ad After Masoomi Fard was killed, they had to sell the family home, furniture and appliances to make ends meet. Now they live in a rented apartment and receive financial help from relatives. “They had a wonderful life. He was a wonderful husband and father,” said Rakhshan, who said everyone should be angered by collisions called by impaired drivers. “It could be you.” Hayatibahar was given 293 days of pretrial credit and has about eight years and two and a half months to serve. When he is released back into the community, the court heard the migrant who hails from the country will also face deportation back to Iran. 1:45 Driver’s window smashed as Mississauga road rage incident caught on camera Driver’s window smashed as Mississauga road rage incident caught on camera © 2022 Global News, a division of Corus Entertainment Inc.
