Teen who crashed stolen pickup truck, killing
his younger brother, fined $500 for careless driving after more serious charges
withdrawn
By SARAH DEETH/Examiner Court Writer
Local News - Tuesday, July 17, 2007 Updated @ 10:05:45 PM
The 19-year-old driver behind the wheel in a pickup truck rollover that killed
his 16-year-old brother was fined $500 Tuesday in Ontario Court of Justice.
The boy, who cannot be named under the Youth Criminal Justice Act, pleaded
guilty to careless driving, possession of stolen property and breach of
probation May 3.
He pleaded guilty to an additional charge of breach of recognizance Tuesday and
was given probation for three years on that charge.
The boy was 17 when the fatal crash happened June 25, 2006.
Prior to the crash the two brothers were searching parked vehicles in Hastings,
court heard, in an attempt to steal items from the vehicles.
The two found an unlocked pickup truck with the keys inside and the 16-year-old
got behind the wheel.The two took turns driving throughout the township, court
heard, and at one point the two picked up a female passenger.
Neither teen had a driver’s licence.
The 19-year-old was driving when the pickup truck rolled over on River Road in
Asphodel-Norwood Township.
Court heard the 16-year-old wasn’t wearing his seatbelt and flew all over the
cabin when the truck rolled, striking his head several times.
His older brother and their female passenger were able to get out of the truck
but his younger brother didn’t budge.
His brother checked his pulse, court heard, and finding nothing left the scene
of the rollover.
He returned later to close his brother’s eyes, court heard, but left both the
body and the truck for a passing motorist to discover hours later at 6:30 a.m.
The man has spent 127 days in custody on charges related to the rollover.
Under the Youth Criminal Justice Act a youth cannot be sentenced to jail time as
a result of a careless driving charge.
His lawyer, Dave McFadden, said the man hasn’t had time to mourn the loss of his
brother properly.
“He has to live with the fact that his brother is dead as a result of this
incident,” McFadden said.
The man chose not to speak to the court when asked if he had anything to say
before his sentencing.
A psychological assessment of the teen was taken. Mr. Justice Robert Graydon
said the report detailed difficulties the man has had in his life.
“When you look at this report, you see that you’re angry,” Graydon said.
Because of details in the report, Graydon prohibited the man from contacting his
parents unless the man’s parents gave his probation officer written permission
for him to do so.
“It wouldn’t take much for you and your parents, when you’re in each other’s
presence, to get into a physical fight,” Graydon told the man.
The order, Graydon said, is meant to protect all three of them.
The man was also placed on a curfew and will have to be in his residence between
10:30 p.m. and 6 a.m.
Charges of dangerous operation of a motor vehicle causing death, criminal
negligence causing death and failing to remain at the scene of a collision were
withdrawn.
(Online at 10 p.m. Tuesday)