A school bus driver who struck and killed a pedestrian in October 2024 has been sentenced to 60 days in jail and a two-year driving suspension.
Anthony Phillips pleaded guilty to careless driving causing the death of 22-year-old Rachel Turner last December.
The 61-year-old admitted that on Oct. 8, 2024, at around 4 p.m., he struck Turner, who was walking in a marked pedestrian crosswalk.
Careless driving causing death is a Highway Traffic Act (HTA) offence that carries a maximum sentence of up to two years in jail, fines between $2,000 and $50,000 and a licence suspension up to five years.
Phillips was driving eastbound on Kingston Road approaching Kingswood Road and slowed in the passing lane to turn left onto the northbound lane of Kingswood Road.
There were no traffic lights at the intersection, but 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 began to cross the road within the marked pedestrian lines. When she was approximately halfway through the intersection, the bus struck Phillips, projecting her onto the southbound lane of Kingston Road. Witnesses described Turner then going under the rear driver’s side tire.
The bus was travelling at approximately 14 km/h. The road reconstructionist determined that speed was not a factor in the collision.
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Phillips remained at the scene.
Turner sustained life-threatening injuries and died in hospital four days later.
Turner was a beloved sister and daughter who planned on earning her MBA.
In December, her parents, boyfriend and friends gave heartfelt victim impact statements about the devastation felt by those who loved her.
Ontario Court Justice Joseph Callaghan noted in his reasons for sentence that the aggravating factors include the fact that Phillips struck a pedestrian, someone who was completely vulnerable when crossing the street.
He was also operating a school bus with the enhanced responsibility of being a school bus driver, with a child onboard.
Callaghan noted that unlike other careless driving causing death cases that attract high sentences, Phillips was not speeding and other than a momentary lapse of attention, he didn’t breach any other traffic laws.
Mitigating factors noted by the judge included Phillips guilty plea, his demonstration of remorse and the fact he has health challenges that would make serving a jail sentence more difficult than for others.
He also noted that Phillips has already participated in extensive mental health therapy for his post-traumatic stress disorder (PTSD) and is the primary caregiver for his adult son who has special needs.
Assistant Crown attorney Matthew Friedman had asked for a sentence of one year in jail, whereas defence lawyer Naomi Lutes suggested a probationary sentence or if the judge found jail time appropriate, to be served intermittently.
“Objectively, Mr. Phillips was not close to being the worst offender. Indeed, it was a true momentary lapse of due care and attention,” Callaghan told court when handing down the 60-day jail sentence to be served intermittently on weekends.
Callaghan also suspended his driver’s licence for two years.
Outside court, Leon Turner, the victim’s father, said the family will never get over the death of Rachel.
“I’m glad that the judge actually issued a jail sentence because I think there has to be consequences for your action. The biggest thing for me is that he had almost 50 prior offences. The fact he was still allowed to drive, period, let alone a school bus is beyond my comprehension,” said Turner.
At the sentencing hearing, the Crown argued Phillips’ dated driving record was relevant, arguing all relates to bad driving.
Court heard Phillips had 47 convictions for Highway Traffic Act (HTA) offences including one conviction for careless driving. The latest conviction was in 2014.
Turner also reminded drivers about the need to pay attention.
“Take your time. Just be more aware of your surroundings of the people and the pedestrians and the cyclists. They get hit all the time. Let’s try to take care of each other a little more. So what if it takes you 30 seconds longer to get somewhere or a minute longer? It’s not worth somebody’s life or destroying yours,” Turner said, choking back tears.
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