A Toronto mother has been fined just $100 after being found guilty of “failing to take precaution from a vehicle being set in motion” under the Highway Traffic Act, resulting in the death of a five-year-old girl.
Camila Torcato, a kindergarten student at St. Raphael Catholic School, was killed on Jan. 15, 2018, when she was standing on Ianhall Road, near Keele Street and Wilson Avenue, about to get into her father’s Mercedes SUV after school.
Torcato was struck by an unoccupied Hyundai SUV, which pinned her and her father against the driver’s side of the Mercedes. She was taken to SickKids hospital, where she was pronounced dead.
The woman who was driving the Hyundai, 30-year-old Luana Barbosa Brambila, was charged under the Highway Traffic Act.
Two Toronto police officers who investigated the fatal collision sat in the front row of the courtroom when the verdict was read out, sobbing. The child’s father, Amilcar Torcato, sat in the back row with his head between his hands.
The court heard Barbosa Brambila had left her vehicle in park, but still running, at a no parking zone in front of the school.
Barbosa Brambila did not use the emergency brake. It was -7 C that day, and court heard that she was late picking up her daughter from school. Her daughter was in the same class as Camila.
When Barbosa Brambila was almost back on the street, she testified through a translator during a two-day trial in June that she realized that her vehicle was not where she left it.
Camila’s mother, who was not in court, wrote a victim impact statement that was read out.
Catarina Rodrigues de Almeida said that the 21 months since seeing her daughter alive have felt like one long miserable day with no beginning and no end.
Camila, a fighter from birth, was born prematurely at 34 weeks. She was diagnosed with cancer at the age of three and had to undergo three operations, including one to remove her kidney.
After months of chemotherapy, Camila was finally in remission and her mother said the family was looking forward to seeing her grow up.
Justice of the Peace Tina Wassenar told the court that writing her decision had been very tough knowing the pain it has caused the families involved.
She also acknowledged the fact that charge in no way addressed what happened the day Camila was killed and told Camila’s father how sorry the court was for his family’s loss.
Provincial prosecutor Jamie MacPherson called what happened a senseless accident that had horrendous results.
“Had she (Barbosa Brambila) not parked the vehicle in the very spot she was prohibited from parking, we might not be here,” MacPherson said.
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After court, Barbosa Brambila’s lawyer Rob Geurts called the case “a sad event” and said his client is devastated.
Guerts said if his client was found guilty for idling her car and leaving it in park then it should be an awareness issue that needs to be raised since most people do exactly what Barbosa Brambila did.
One of the first responding officers explained outside court through tears how this was one of the most difficult cases she’s ever responded to.
“It’s heart wrenching. I don’t have kids but it’s awful seeing the family hugging each other and falling apart waiting to hear about the fate of their daughter,” Const. Kristin Lembke said.
“That stuck with me and I’ll never forget it. It was awful.”
Lembke reminded drivers to always use caution when operating a motor vehicle.
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