A Toronto man who pleaded guilty to careless driving causing the death of a 45-year-old motorcyclist on Parkside Drive four years ago will be sentenced in the New Year.
According to an agreed statement of facts read out in provincial offences court Wednesday, La Twayne Anderson, who was 27 at the time, was operating a 2008 BMW 128i travelling southbound on Parkside Drive south of Indian Valley Crescent around 2:40 a.m. on Sept. 15, 2018, when he swerved for unknown reasons, crossing the centre line and entering the northbound lanes.
Court heard his vehicle collided head-on with the 2015 Harley Davidson motorcycle being driven by Oliver (O’Jay) Sabater, who was travelling northbound. The impact caused Sabater to be thrown forward onto the hood and windshield of the BMW, before landing in a southbound lane of Parkside Drive. A female passenger on the motorcycle was also thrown onto the northbound lanes of the roadway.
Both were rushed to hospital but Sabater, who had no vital signs, was pronounced dead. A post-mortem examination revealed that Sabater died from blunt force trauma. The passenger was admitted to hospital with non-life-threatening fractures.
Anderson pleaded guilty in October to a charge of careless driving causing death. A second charge of careless driving causing bodily harm was stayed on Wednesday.
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The guilty plea came after months of court delays due to COVID-19, and at the end of the trial. Provincial prosecutor Jamie MacPherson told the court that Sabater’s family has endured “a long difficult road. They have been forced to sit numerous days listening to evidence. The tragedy has had to play over and over for them,” MacPherson said.
The prosecution said an appropriate penalty for La Twayne Anderson would be a $5,000 fine, a two-year probation order that would include 200 hours of community service, and a 12-month driver’s license suspension.
While Anderson’s lawyer Frank Alfano agreed with the fine and probation order, he argued his client, who has no prior criminal record nor driving record, should have his driving privileges restricted as opposed to suspended. He suggested Anderson should still be able to drive for employment purposes or to perform community service which would “recognize the gravity of the offence while recognizing the things he still needs to do.”
Alfano says Anderon works as a construction site supervisor and a soccer coach, and when asked if the defendant wanted to address the court, his lawyer explained “it would be difficult for him to keep his composure. He wanted to convey to the family that he’s sorry.”
During a heartwrenching victim impact statement, Jessica Sabater, O’Jay’s only child, sobbed as she spoke about her father, whom she described as her best friend. “That night, he organized my birthday dinner and it was great.”
Jessica said she went home only to be awakened by police who told her that her father was dead.
“I blame myself for letting him throw me a birthday party,” Jessica added. “What blows my mind is you show no remorse for this situation. Your life will go back to normal but just know I am definitely not OK. His death was so preventable,” she concluded addressing Anderson directly over Zoom.
Sabater’s sister L.J. Tang in her victim impact statement said, “La Twayne, you took my brother from me. I know you didn’t do it intentionally. Only you know what really happened that night. What made you cross that line while driving and forever changing the lives of not only yourself but numerous other people? It is your secret and your cross to bear alone,” said Tang, suggesting that Anderson is still not ready to accept full responsibility.
Alfano told the court Sabater’s family should realize the fact that his client changed his plea to guilty indicates that Anderson has taken responsibility for his actions.
MacPherson also read out a brief victim impact statement from the woman who survived the crash. “I’m disappointed that the system is so aloof to this case. It is so easy for someone to drive recklessly and get off with a slap on the wrist. Oliver was killed and I was almost killed,” she wrote.
MacPherson told the court that Anderson was the first person charged in Toronto under new careless driving legislation that came into effect on Sept. 1, 2018. “To my knowledge, he was also the first person charged in the province.” Macpherson laid out the penalties for a conviction of careless driving causing death. A fine between $2,000 and $50,000, or a term of imprisonment or not more than two years or both, and up to a five-year driving ban.
Justice of the Peace D. Wayne Buchanan has reserved his decision acknowledging “it’s been a very long and arduous process” for all involved.
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