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Police are investigating a hit-and-run on Canada Way and Imperial Street that left a motorcyclist dead last June.

A man serving a community sentence for a Burnaby hit-and-run that killed a Surrey motorcyclist three years ago will find out next week whether he remains in an actual prison after violating the conditions of his house arrest in September .

Marcel Genaille, 37, received a suspended sentence in June after pleading guilty to failing to stop at the scene of a crash on Canada Way on June 19, 2021 that fatally injured Mark Peters, a 59-year-old husband and father of two from Surrey.

Peters had been stopped at a red light on his motorcycle in Imperial Street just after 9:45 p.m. when he was struck from behind by a Honda Accord driven by Genaille which was traveling at 76 km/h in a 50 km/h zone, according to the agreed facts presented to the court.

Genaille was back in court last month after a police officer caught him driving on September 27 without proper insurance or a valid diving license, and more than four and a half hours outside his curfew.

As part of his suspended sentence, he was still under house arrest and was not supposed to leave his home except to work between 6 a.m. and 6 p.m.

He was also prohibited from sitting in the driver’s seat of a vehicle unless he had a valid license and was driving directly to or from work.

At a hearing on October 30, Genaille’s lawyer, Tony Lagemaat, said his client admitted to violating his sentence by failing to respect his house arrest and being in a vehicle outside of the work exceptions. .

Questioned by Crown prosecutor Mark Myhre, Genaille said he did not know he was a banned driver at the time and thought he was being “paid out” on his insurance.

Genaille told the court he was excited to find housing after a period of homelessness and was filling up his vehicle and moving into his new home when a police officer spotted him in a Surrey gas station.

Myhre argued that the court could not accept Genaille’s excuse and that his actions reflected a “cavalier attitude” toward the terms of his suspended sentence.

He said Genaille’s suspended sentence order should be overturned and he should spend the remaining 15 months in prison, minus 50 days of enhanced credit for time he has spent in custody since his September arrest .

Lagemaat argued that Genaille should be given a suspended sentence again, with electronic monitoring if necessary.

He said Genaile had made great progress in his rehabilitation, including obtaining employment and housing, both of which would be at risk if he was sent to prison.

“He had plenty of time to think about his recklessness,” Lagemaat said.

Judge Andrea Brownstone of the Provincial Court of British Columbia is scheduled to rule on the case on Tuesday, November 12.