'I do not forgive myself': Family expresses grief and impaired driver expresses regret as he enters guilty plea

They lost their loved one to an impaired driver two years ago, and the family of Richard McMahon struggle with how and why it still happens.

"The law has to change,” McMahon’s mother Peggy Iliffe said outside the London, Ont. courthouse on Tuesday. “The law absolutely has to change."

Iliffe was among the family and friends who gave victim impact statements at the sentencing hearing for David MacMicken. The 52-year-old London man pleaded guilty to charges related to impaired driving causing death and failing to stop at the scene of a fatal collision.

MacMicken's lawyer, Luke Reidy, told the court his client was an alcoholic since his teen years but "became expert at deceiving friends and family."

MacMicken is a former golf pro and instructor. He has since lost his job and has also lost his Canadian Professional Golf Association accreditation, meaning he can no longer be an instructor.

He told the court he now attends Alcoholics Anonymous meetings and is two years sober. He stood in the witness box to face McMahon's loved ones, and offered a tearful apology.

"I do not expect you to forgive me because I do not forgive myself,” he said.

Peggy Iliffe struggled with MacMicken’s words of contrition.

Friends and family of Richard McMahon exit the London, Ont. courthouse on March 12, 2024. (Gerry Dewan/CTV News London)

"I didn't know if I believed him, that's why I was looking closely. I just wanted know if he was sincere. Maybe in a couple of years I can forgive him. I don't know if he's sincere,” she said.

McMahon's family said the 39 year old was passionate about being healthy and active. He had just finished a shift as a short order cook and was heading home on his skateboard when he was struck.

The collision happened near the intersection of Oxford Street West and Laurel Street, just before 11 p.m. on Feb. 8, 2022.

After the collision, MacMicken drove home and told his wife what had happened. She returned to the scene to tell police her husband was involved. A witnessed had already reported the incident.

Police arrived at their residence to find blood on MacMicken’s clothes and heavy damage to the front end of his vehicle.

The Crown and MacMicken's defence have requested a four-and-a-half year prison term, with the Crown asking for a 10-year driving prohibition.

Both noted that, despite his long-standing struggles with alcohol, he had no prior drinking-and-driving infractions.

The defence meanwhile has requested a three-year driving prohibition.

Superior Court Justice Michael Carnegie has reserved his decision and isn't bound by the recommendations.

The family had expected a sentence on Tuesday.

McMahon’s stepfather, Rick Iliffe, said the court process has been long and challenging but he respects the judge’s decision.

"The judge he wants to make sure everything’s up to snuff and we're willing. There's an end in sight,” he said.

Sentencing will take place on March 28, 2024.