Juan Mendoza sentenced after 2019 double-fatal crash in downtown Kitchener

Juan Mendoza, the 73-year-old man found guilty of impaired driving in a fiery 2019 crash that caused the death of his wife and another woman, was sentenced on Friday afternoon.

Mendoza has been sentenced to seven years in prison minus 74 days for time served before sentencing. The judge applied seven years for two of the charges Mendoza was found guilty for and five years for the four other charges, saying the sentences will be served concurrently. Mendoza is also prohibited from driving a motor vehicle for ten years following his jail time.

Outside the courthouse, Douglas Gomez, the son of Julia Gomez, who was the only other survivor of the crash, said he didn't feel like the sentence is enough.

"Minimum ten years, he deserves at least 20 years," Gomez said. "It's a joke, it's completely a joke. I'm very disappointed, our family is very disappointed about this."

"You get seven years for killing two people and causing catastrophic injuries, it's a slap on the wrist. That's why in Canada, these type of accidents are increasing," added Gomez.

Mendoza arrived to the Kitchener courthouse early Friday morning with his family as he’s been free on bail for about four years. He was put into handcuffs following the sentencing hearing.

"The poor woman who survived, her family is living in hell. My client's family is living in hell because he's going to be in a penitentiary jail sentence, and they're going to be without their father and their mother was killed in the accident. So nobody wins," said Hal Mattson, Mendoza's Defence attorney.

In June, Mendoza was found guilty on one count of dangerous driving causing bodily harm, two counts of dangerous driving causing death, one count of impaired driving causing bodily harm and two counts of impaired driving causing death.

HISTORY OF THE CASE

Mendoza was driving a vehicle that crashed and caught on fire in downtown Kitchener on Gaukel Street in May 2019, killing his wife Maria and another passenger Tia Luna. A third passenger, Julia Gomez was seriously injured.

Mendoza pleaded not guilty to the charges including dangerous operation causing death and impaired driving causing death. Throughout the trial, court heard that Mendoza was highly intoxicated at the time of the crash.

From left to right, an undated photo of Tina Luna, Julia Gomez and Maria Mendoza. (Source/Douglas Gomez)

BEFORE SENTENCING

Before sentencing, court heard a victim impact statement from Douglas Gomez.

Douglas said his mother lost her memory and has a brain injury that requires her to have constant attention.

"The actions of Mr. Mendoza have for life left me watching my mother in pain," Gomez read from his statement.

"I feel helpless and powerless," he said. "I feel so mentally and emotionally drained."

Gomez said the injury caused a major strain on his life and the rest of his family.

"We can not enjoy with her any event because she can not form new memories. So anything that we do for her that makes her happy, she forgets the next minute," Gomez told CTV News after the sentencing.

The defence made their submissions first, asking the judge for a sentence of five to eight years in jail.

Mattson said he knows Mendoza will spend significant time in custody but argued since he has been on bail, he has not had a drink of alcohol or driven a vehicle.

An undated photo of Juan Mendoza. (Source/Douglas Gomez)

Mendoza served 49 days in jail following the 2019 crash, before being released on bail to his family.

Crown attorney Brandon Gould asked for a longer sentence of nine years in jail, arguing Mendoza did not plead guilty and said similar cases where the accused has plead guilty resulted in sentences of about nine years.

However, Mattson said Mendoza does not remember the crash so he could not plead guilty for what happened.

Mendoza did not say anything when he was given the chance to address the court but his lawyer said Mendoza is aware he did something wrong and needs to be punished for it.

During his submissions, Gould highlighted the continuing problem of drinking and driving in Canada.

"The sentence must adequately denounce and deter this conduct," said Gould.

"Drinking and driving like everybody says, it's a bad gamble," Mattson said.

"This sentencing should have been to send a messahe to deter people from drinking and driving," said Gomez.