The father of Rachel Turner was inconsolable as he delivered a victim impact statement at the sentencing hearing for the school bus driver who admitted to careless driving causing the death of his 22-year-old daughter.
“Besides robbing Rachel of her life, you have changed so many other lives. I want my daughter back,” said Leon Turner through tears. “To think someone entrusted to drive school kids didn’t do what was needed to make a safe left turn is unbelievable.”
It was Oct. 9, 2024 around 4 p.m. when Anthony Phillips was driving a small school bus eastbound on Kingston Road with one passenger aboard, a young girl. The roads were dry and traffic was busy.
According to an agreed statement of facts read out in court when Phillips pleaded guilty earlier this month, as Phillips approached Kingswood Road, he slowed in the passing lane to turn left onto the northbound lane of Kingswood Road.
The bus came to a stop as vehicular traffic cleared in front of the bus. The bus then began to turn left.
At the same time Turner, who was walking on the northbound sidewalk of Kingston Road, reached the curb at Kingswood Road and entered the pedestrian crossing.
“She was approximately 17 metres from the bus and there were no physical obstructions between her and the bus,” the facts state.
As she began to cross the road within the marked pedestrian lines, Phillips began to complete the left turn.
“Turner took evasive maneuvers approximately 3.6 seconds after stepping onto the roadway. She held her hand as if to tell the bus to stop. At this time, she was 5.4 metres from the northbound curb, approximately half way through the intersection,” the facts say.
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It was then the side mirror mounted on the front left corner of the bus struck Turner’s head, projecting her onto the southbound lanes of Kingston Road. Witnesses described her then going under the rear driver’s side tire.
The posted speed limit on Kingston Road was 40 km/h, while the posted speed limit on Kingswood Road was 30 km/hr. The bus was travelling at approximately 14 km/hr.
“The road reconstructionist determined that speed was not a factor in the collision,” stated the facts.
Turner sustained life-threatening injuries and died in hospital four days later.
Susan Turner, the victim’s mother, told court that before Oct. 9, 2024, she was truly happy.
“It’s been 14 months since that tragic day and how would I describe my life now, it’s about survival, it’s not about living,” she said through tears.
“We fight for justice for our daughter and ensure that drivers are held accountable for their actions,” Susan said as she wept.
“You chose to be a school bus driver with so many offences. You crushed and killed her in the street. Why didn’t you see her? We are sentenced to a life sentence of sadness and despair,” said Susan, standing up and looking at Phillips who was sitting next to his lawyer, staring straight ahead.
Assistant Crown attorney Mark Friedman is seeking a sentence of one year in jail referring to Phillips’ 47 prior convictions for traffic offences including one for careless driving, the last one being in 2014.
“The gap that Mr. Phillips’ record between 2014 and 2024 shows that he’s capable of following the rules of the road, but does not diminish the seriousness of his record,” said Friedman.
“Mr. Phillips was not exercising due care and attention when driving his school bus. He ran over a pedestrian who was plainly before him. There were no obstructions and there are no excuses. He should have seen Ms. Turner and he didn’t. Why he continued to drive after the mirror hit her is a mystery. And if it wasn’t for his carelessness behind the wheel, a young woman would be alive today,” said Friedman.
Defence counsel Noami Lutes argued that a sentence of probation was more appropriate.
“Although a young, promising life was cut short, this was a provincial offences matter to which he pled and not a criminal offence,” said Lutes.
Lutes pointed out that Phillips did not violate any other traffic laws and said the basis for the plea was that he’s accepted the fact that he did not exercise due care and attention. She also pointed out this case does not fit in with “jail-type cases” given there’s nothing obvious to identify what went wrong.
Phillips stood up and addressed the family telling them that as a parent, he can’t fathom what it would be like to lose a child.
“I wish there was something that could bring her back. I am more than willing to accept responsibility and blame, but I can’t bring your daughter back and I’m sorry,” said Phillips.
Turner’s mother, sitting in the gallery of the courtroom, suddenly yelled “what if it was your son?” as Phillips concluded.
The Crown has withdrawn a charge of dangerous driving causing death.
The judge will deliver his sentence in March.
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