DRIVER WILL BE BACK ON ROAD IN 10 YEARS
‘Doesn’t seem like justice was served,’ family says of crash that killed cyclist
The family of a 26-year-old cyclist, who was killed in a hit-and-run by a19-year-old driver who wove around stopped traffic to speed through an amber light, were devastated to learn the man will be able to drive again in 10 years.
Mitchell Irwin, now 21, was sentenced to four years in prison and a six-year driving ban on Monday after pleading guilty to dangerous driving causing the death of Adam Excell, as well as failing to remain at the scene and breaching his bail conditions.
“It doesn’t seem like justice was served today,” said Excell’s cousin Ashley Ferguson, wearing a handmade bicycle pendant given to her in Excell’s memory. “If you take someone’s life while driving, I don’t think you should be able to drive. You shouldn’t have that privilege.”
More than 20 of Excell’s family members and friends filled the courtroom, dressed as if at a funeral, to hear the sentencing. Many left in tears.
According to the agreed statement of facts, Irwin was driving north on Avenue Rd., at 11:20 p.m. on June 13, 2015, with two friends. Excell had been going south on Avenue and waited for oncoming traffic to stop before making a left turn onto Davenport Rd. Irwin approached the intersection speeding, suddenly changed lanes to get around a stopped car and entered the intersection, striking Excell. He was going 87 kilometres an hour in a 50 km/h zone.
Though his windshield was smashed, Irwin didn’t stop. Instead, he drove to a nearby school, dumped out a case of beer and made the hourlong drive home to Keswick.
He surrendered to police the next day and was released on bail. However, he breached his bail conditions multiple times, according to the agreed statement of facts. Photos on social media showed Irwin associating with the two friends who were in his car that night, as well as holding alcohol. He was also found intoxicated on another occasion, though he had been prohibited from drinking.
Prosecutor Neville Golwalla and Irwin’s defence lawyer, Leo Kinahan, both agreed a four-year prison sentence would be appropriate given that Irwin pleaded guilty, showed remorse and has no criminal record. However, they disagreed on how long the driving prohibition should be. The Crown sought a 10-year ban, the defence a five-year ban.
Superior Court Justice Maureen Forestell sentenced Irwin to four years in prison and imposed a sixyear driving ban after that. While that sentence would once have been considered high, she noted during submissions, sentences have been steadily climbing for dangerous and impaired driving offences. Forestell said she accepts that Irwin’s remorse is genuine and that he has taken responsibility for his actions.
But she also noted Irwin had only a G2 licence at the time of the crash, that he stopped after the crash to take a case of beer out of his car and that he left the scene to avoid being caught.
There was no evidence as to whether Irwin had been drinking at the time of the crash. Irwin told police he was the designated driver for his friends.
“Mr. Irwin did not intend to kill anyone or indeed to hurt anyone,” Forestell said. “He did, however, intend to drive in a manner that put the public at risk. He intended to drive in a way that cost Adam Excell his life. Mr. Irwin intended to leave the scene, leaving Mr. Excell injured and dying.”
After the guilty plea Friday, Excell’s mother, Brenda, urged drivers to be more cautious and slow down. She questioned whether driver education programs are doing enough to tackle careless and risky driving.
“I’m afraid every time I drive,” she said. “All I see is bad drivers and dangerous situations. Noticing close calls is now the new normal. Crazy stupid things people do with no idea the effect their stupidity will have on their loved ones or on their victim’s loved ones.”
Jared Kolb, executive director of Cycle Toronto, says it is crucial that road violence be taken seriously.
“Every single death on our roads is preventable,” he said.
“There is an immense amount of power that comes with driving a motor vehicle . . . (Drivers) need to slow down, need to put their phones down, need to pay attention and drive sober. It is a huge responsibility and a privilege to be driving.”
At least 16 pedestrians and two cyclists have been killed in traffic collisions in Toronto this year. Unlike in Mitchell’s case, which involved criminal charges, many cases are dealt with through Highway Traffic Act charges that carry much lower penalties.
Advocates are calling for a “vulnerable road user” law to stiffen penalties for drivers who kill or injure cyclists or pedestrians.