EDMONTON – Richard Benson has been sentenced to two years less a day for a crash that killed a Grade 6 St. Paul student and critically injured her two classmates in late October 2012.
After taking into account time served, Benson is set to spend 11 and a half months behind bars for crashing into Racette Junior High School with his minivan.
Grade 6 student Megan Wolitski was killed in the crash; Maddie Guitard remains in a vegetative state and is not expected to recover, according to court documents; Angelina Luce. meanwhile, is recovering from a traumatic brain injury, which has left her with speech and eye problems.
As part of Benson’s sentence, Justice Paul Belzil imposed a lifelong driving ban on the 47-year-old. He said Benson wasn’t being punished for having a medical condition, but for driving when he shouldn’t have been.
According to an agreed statement of facts, Benson suffered a seizure before crashing into the school and had suffered seizures since sustaining a head injury in 2002. The agreed statement of facts also said Benson wasn’t taking suggested doses of medication since 2005 and didn’t disclose his medical condition in order to continue driving.
He’d pleaded guilty to one count of criminal negligence causing death and two counts of criminal negligence causing bodily harm.
The court heard that Benson is remorseful.
He said on Thursday that he “never ever meant to go out and hurt any children. I’m truly sorry. Please forgive me.”
Defence lawyer Jason Conlin – who was asking for a sentence of time already served and two years probation – had pointed out that Benson didn’t remember the October 2012 crash and, when he learned what happened, wanted to trade places with the girl he killed.
Conlin said Benson felt OK at times and didn’t think he needed to take his medication.
Crown Prosecutor Jeff Rudiak– who had requested that Benson be sentenced to three years and never be allowed to drive again – argued a message needed to be sent to other drivers who have seizures and aren’t taking their medication.
Benson had just dropped two of his children off at different schools in St. Paul and stopped at the post office the morning of the crash. He had a seizure as he was driving home down a back alley.
His van bolted at about 80 km/h down more back lanes, crossed five streets and slammed into a window and wall at the school. It landed in a lower-level Grade 6 classroom and sent students and desks flying. Three children were pinned underneath the vehicle.
Eleven-year-old Megan Wolitski died in hospital the next day.
A number of heart-wrenching victim impact statements were made inside the St. Paul courtroom Thursday before the verdict was read, as families shared their grief.
The father of five appeared dishevelled in court Thursday, sitting slumped over with his head down for much of the Victim Impact Statements, of which there were 60. The court heard that Benson is remorseful.
With files from Chris Purdy, The Canadian Press and Laurel Gregory, Global News
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