Family wants justice for 'nice guy' killed by stolen car

James Duane just wanted to get some fixings for his hot dogs but he never returned from his bike ride to the grocery store Tuesday night. The 58-year-old Winnipegger was killed after being struck by a stolen vehicle just two blocks from his home.

"He put some hot dogs on and said, 'I'll be right back,' jumped on his bike. I guess he just went to the store to get mustard or something and he never came back," said Mike Nolet, who lived with Duane in a house on Burrows Avenue in Winnipeg's North End.

'Try them as an adult. Because to me, if you can get your butt behind that wheel, you're an adult.' Marilyn Lariviere, victim's sister

"He was a nice guy. He went bike riding, took care of the cat. Other than that, kept to himself, stayed in the room, watched TV. Didn't give anyone a reason to not like him, anyway didn't deserve what happened to him."

Police allege a 15-year-old with a record of car thefts was behind the wheel of a stolen truck, with a 16-year-old as his passenger.The boys face numerous charges, including criminal negligence causing death, dangerous driving causing death and theft over $5,000.

Duane's younger sister, Marilyn Lariviere, described her brother as a lone wolf with a difficult background, but someone who had straightened out his life.

She wants the suspects held accountable.

"My brother's life is gone. There's no way we're going to bring Jimmy back. But now these ones should not be able to get out of jail in a couple of months, years or whatever so they can go and do it again," Lariviere said.

"They should do hard time, never mind the [Youth Criminal Justice Act]. Try them as an adult. Because to me, if you can get your butt behind that wheel, you're an adult."

City struggles tocure car-theft epidemic

The case is the second in three months in which a person has been killed in Winnipeg by a stolen vehicle alleged to have been driven by a youth.

The two suspects, who remain in custody at the Manitoba Youth Centre, were being monitored by the Winnipeg Auto Theft Suppression Strategy (WATSS), a program run by police, Manitoba Justice, the RCMP and Manitoba Public Insurance.

The two were described as Level3 and Level4 offenders under the program, meaning they have several charges or convictions for auto theft-related crime.

"With the Level3 and Level 4, those would be youth that are under supervision at youth correctional services," said Brent Apter, a WATSS project manager."They would be seen by a probation officer, or an auto-theft support worker or a combination of both at any given time."

Level4 offenders in the program are subject to daily in-person contact with a probation officer, an absolute curfew and random checks by telephone or in person as many as eight times per day.

'Do I wish we could get rid of the repeat offenders? Yes. I don't have the answer as to how we could do that.' Acting Insp. Aubrey Kehler

About 135 youth are under added scrutiny through the program, which was introduced to combat Winnipeg's auto-theft problem.The city has long had the highest rate of car thefts in the country.

"Do I wish we could get rid of the repeat offenders? Yes," said acting Insp. Aubrey Kehlerof Winnipeg police. "I don't have the answer as to how we could do that."

Manitoba Public Insurance also subsidizes the purchase and installation of electronic ignition immobilizers for vehicles determined most likely to be stolen.In fact, if your car is on the list and you don't get one of the anti-theft devices, you can be denied insurance.

The move has prompted outrage from some people, but others, including Marilyn Lariviere, say it's justified if it prevents even one car from being stolen or another life lost.

"Now I'll never see my brother again. That's the hardest thing," she said. "And I never got to say goodbye to him."