Roberta Sanderson was killed after her common law husband Christopher Thalheimer struck a CN train car in 2016 (ObitTree).

By Aaron Schulze

Dangerous Driving Appeal

Melfort man appeals conviction and sentence for crash that killed his spouse

Apr 11, 2020 | 9:29 PM

A Melfort man found guilty of dangerous driving causing death has appealed the conviction and sentencing.

Christopher Thalheimer was sentenced to 18 months of incarceration, a year-long probation, and a two-year driving prohibition by Justice MacMillan-Brown in Melfort’s Court of Queen’s Bench in March, after previously being ruled guilty in July 2019.

Crown Prosecutor Tyla Olenchuk argued for a sentence of two years plus a day incarceration, followed by a year of probation and a three-year driving prohibition. Grant Carson, Thalheimer’s defence lawyer, argued for a community-based sentence.

Neither Olenchuk nor Carson were able to comment on the appeal, as the Saskatchewan Court of Appeal has yet to set a hearing date. However, Olenchuk explained the process going forward will depend on if the Court of Appeal orders a new trial.

“If the court upholds the conviction, then defence would have the opportunity to appeal to the Supreme Court of Canada,” Olenchuk said. “If the Court of Appeal found there was a more appropriate sentence, they would impose it there, or uphold it.”

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The charge stems from when Thalheimer struck a CN train car with his truck on Melfort Street in July 2019. Thalheimer was left severely injured, although his passenger – his common-law wife Roberta Sanderson – was killed. The truck was dragged nearly 700 metres after being wedged between two grain hopper bins.

Sgt. Trent Entwistle – the collision reconstructionist at the scene on Melfort Street – provided an expert report that was tendered into evidence. He concluded that Thalheimer’s truck was driving at a maximum speed of 127 km/h, the breaks were not applied until two seconds before impact, and the truck only slowed down to 93 km/h one second before impact. The closest train crossing sign to the tracks is approximately 73 metres.

“The reasonable driver travelling on this road would have been aware that he or she needed to be driving at the posted speed limit, would have recognized the train crossing warning signs, and would have been prepared to stop if a train was in the crossing,” MacMillan-Brown stated in her judgment.

The defence’s theory suggested that Thalheimer was driving between 50 to 70 km/h on the grid road.

Thalheimer has prior no criminal record, but was ticketed three times for speeding and five times for driving without a seatbelt.