A Windsor motorist has been sentenced to house arrest for a fatal crash that killed her brother in 2019.A Windsor motorist has been sentenced to house arrest for a fatal crash that killed her brother in 2019. On November 11, 2019, Samantha Pollard Ogley, now 31, was driving at 100 kilometers per hour on University Avenue after visiting two bars in downtown Windsor. She admitted to dangerous driving that resulted in the death of her brother, who was a passenger in the backseat of her Jeep Liberty. The prosecutor dropped the charge of drunk driving resulting in death after the sentencing. The court found that Pollard Ogley’s brother died from injuries sustained three months after the crash. Pollard Ogley’s attorney, Laura Joy, described the case as a “complete tragedy” and said that her client had been speeding and ran a red light while under the influence of alcohol. However, she also raised concerns about road and weather conditions, the condition of the vehicle, and potential rights violations. Pollard Ogley pleaded guilty to dangerous driving causing death, avoiding a potential three-year prison sentence. Judge Maria Carroccia sentenced Pollard Ogley to two years minus one day of house arrest, followed by a curfew for one year. She is also prohibited from driving for seven years. Prosecutor Charles Yih and Joy both emphasized the difficulty of the case and the importance of the message against drinking and driving.
A Windsor motorist has been sentenced to house arrest for a fatal crash that killed her brother in 2019.
The court heard that on November 11, 2019, the driver was driving at 100 kilometres per hour on University Avenue after visiting two bars in downtown Windsor.
Samantha Pollard Ogley, now 31, previously admitted to dangerous driving that resulted in death in a single-vehicle collision.
The prosecutor on Thursday, after Judge Maria Carroccia completed the sentencing, dropped the charge of drunk driving resulting in death.
“I think it’s a complete tragedy,” attorney Laura Joy told CTV News outside the courtroom. “But it’s still a criminal offense, of course.”
A vehicle is badly damaged after crashing into a building in the city’s west end. (AM800/Gord Bacon)
The court found that Pollard Ogley’s brother died from injuries he sustained three months after the crash. He was a passenger in the backseat of the Jeep Liberty.
“When you lose your brother and your best friend to circumstances like this, it’s a very, very difficult situation that she (Pollard Ogley) will have to live with forever,” Joy said.
She admits that Pollard Ogley was speeding and ran a red light on University Avenue after consuming alcohol at downtown restaurants.
However, Joy said there were a number of “issues at play” in the case before the court.
“The road conditions were bad. The weather was bad. She (Pollard Ogley) had just purchased a vehicle that she thought (had passed a safety inspection),” Joy said.
According to the agreed statement of facts, police found that two of the tires were “worn beyond the wear bars,” that the universal joint underneath the Jeep was “excessively worn,” and that the rear seat belt had become detached from the vehicle “as a result of the impact.”
Joy also sought to argue that her clients’ rights were violated after police took a blood sample without a warrant.
“There would also have been a request for lost evidence,” as Joy alleges police failed to properly store the vehicle after it was towed from the scene.
On the first day of her trial last April, Pollard Ogley pleaded guilty to dangerous driving causing death.
Joy said her client did not want to risk a possible minimum three-year prison sentence if she had been convicted by Judge Carroccia.
“Your actions have caused you to lose your brother and I know that is very difficult for you,” the judge said. “I recognise that you have shown your remorse in pleading guilty to these offences, even in light of the challenges the Crown may have had in proving the charges against you.”
Prosecutor Charles Yih not only agreed with Joy that the case was difficult, he also told the court that two police witnesses have been on medical leave since the 2019 accident and are unavailable to testify.
Moreover, he said, a citizen witness’s testimony changes over time.
The prosecution and the defense filed a joint petition requesting house arrest (also known as a suspended sentence) for two years minus one day.
Judge Carroccia accepted the request and ordered Pollard Ogley to remain in her home unless for medical, work-related or legal reasons. After one year, Pollard Ogley will have a curfew, but she will be allowed to leave her home during the day.
She is not allowed to drive for the next seven years.
Joy says no punishment the court imposes on Pollard Ogley could be worse than the punishment her client endures every day when it comes to “guilty survivors.”
Joy concluded that the sentence protects the community and is a message to all administrators.
“You can’t drink and drive. Don’t even take that risk. It’s not worth it,” Joy said.
