DRIVER IMPAIRED BY MARIJUANA IN FATAL CRASH

Judge Convicts City Man Who Left Two Dead And Two Others Seriously
Injured After He Veered Into Oncoming Traffic

EDMONTON - An Edmonton man was convicted of impaired driving causing
death Thursday, after a judge ruled he was high on marijuana when he
slammed head-on into another vehicle, killing two people.

Court of Queen's Bench Justice June Ross convicted James McIlwrick of
two counts of impaired driving causing death and two counts of
impaired driving causing bodily harm in connection with the crash
that killed Tammy Engelking, 27, and Henry Yao, 40. Two passengers
suffered serious injuries.

"He was well beyond -- close to twice -- the level at which virtually
everyone would be impaired," Ross said, referring to the level of
marijuana's psychoactive ingredient, tetrahydrocannabinol, in
McIlwrick's blood that morning.

The expert who testified at the trial said that despite McIlwrick's
regular use of the drug, he would "definitely be impaired" by the
amount of tetrahydrocannabinol in his blood, Ross said. The fact that
McIlwrick veered into oncoming traffic supported her conclusion that
he was impaired, she said.

After the judge left the courtroom, McIlwrick, 36, slumped into his
seat and stared into the distance. A member of his family, sitting in
the front row, laid her head on a table and sobbed. On Nov. 25, 2003,
McIlwrick rolled out of bed and jumped in his truck to head to work.
At some point after waking, he smoked two "fifty-fifties," or tobacco
rolled with marijuana. He was southbound on Highway 21 near Sherwood
Park around 7:30 a.m., when he veered into the oncoming lane and
collided with a Jeep, head on.

Court earlier heard he had also been using prescription medications
including Paxil, Zyprexa and Ativan, but Ross rejected suggestions
that they played a role in the crash. Outside court, two of
Engelking's friends called on the government to set mandatory limits
for drugged drivers, similar for those that exist for drunk drivers.

"People need to realize that drugs are no different than alcohol,"
Lara Horvath said. "They impair your mind, and affect your judgment."

Jennifer Sollosy took over when her friend broke down in tears. "It's
been hard, it's been hard for both of us." The trio, she said, has
become a twosome.

McIlwrick will be back in court on Nov. 10 for sentencing.