Carlene Nunes left the Toronto courthouse saying nothing after Ontario Court of Justice Jonathan Bliss found her guilty of dangerous driving causing death and dangerous driving causing bodily harm in relation to a fatal collision at a bus stop in Scarborough on Nov. 9, 2018.
Minutes earlier, family and friends of 59-year-old Carolyn Kelley, a mother and lab technologist from Sunnybrook Health Sciences Centre, who was the pedestrian killed that day, expressed relief that after four-and-a-half years, a guilty verdict was finally delivered.
Justice Bliss said Nunes, then 46, who drove that route daily to her job as a personal support worker, did not slow down, but rather sped up as she approached the intersection of Ellesmere and Birchmount Roads. Bliss said this “turned what should have been a forgetful day into what will never be forgotten.”
Dashcam video played in court showed Nunes driving next to another vehicle at a high rate of speed as they approached the intersection. Unable to get ahead of the vehicle to her left, a car and two buses stopped in front of her in the curb lane, Nunes swerved right to avoid colliding with the car in front of her.
Witnesses testified that Nunes who was driving 80 km/h in a 60 km/h zone, struck a light post and two pedestrians at the bus stop before continuing through a Pizza Hut parking lot and onto a grassy boulevard where she struck a second light post before coming to a rest.
Nunes, who testified in her own defence, said that she blacked out while she was driving on Ellesmere Road. She said regained consciousness for a split second when she was able to swerve right to avoid hitting the vehicle in front of her, before passing out again. Nunes told the court her blacking out was due to a recent change in her blood pressure medication. She also denied that she was speeding, though she admitted she might have been going a little over the speed limit but said she was not in a rush.
Evidence showed that 1.5 seconds before the collision, her speed had increased to 94 km/h and one second before the crash, she was travelling at 96 km/h with the accelerator pedal fully depressed.
Bliss rejected Nunes’ testimony, finding it not believable that she passed out. “Ms. Nunes was not prepared to admit she was speeding. I believe she did claim that she was cut off, but the independent evidence from the dashcam shows what happened. Ms. Nunes was not a reliable witness. Her evidence was contradicted by every other witness, the dashcam, and the car data,” he said.
The judge added that Nunes didn’t slow down, but instead sped up. “As she approached the intersection, she wasn’t prepared to yield and that had tragic consequences. Ms. Nunes had time to brake. This was not an unforeseen momentary circumstance. It was her doing, the evasion action she took to save herself,” Bliss concluded.
His honour concluded that her driving that day, which was dangerous to the public, causing the death of Carolyn Kelley and serious injury to Joshua Bloom, was deserving of criminal sanction.
Kelley’s sister, two daughters, their spouses and her best friend spoke about how they suffered as a result of her untimely death.
“She worked hard all her life and sadly, will never get to enjoy retirement and a future with friends and family,” said friend Anna Johnston. Kelley’s younger daughter got married after her mother’s death and her eldest daughter is about to be wed. They are still struggling with the fact their mother was taken from them so tragically.
Brenda Barber said the family is happy with the conviction, though it won’t bring her sister back. “I think she needs to go to jail, to show people you can’t drive like this and just get away with a slap on the hand.”
The maximum sentence for dangerous driving causing death is 14 years in prison, and/or a fine and a minimum two-year driving ban.
Kelley’s family said they believed Nunes should be prohibited from driving for life.
A date will be set for a sentencing hearing next month.