Guy McPhee has been found guilty of careless driving in the December 2015 crash that killed cycling school teacher Jay Keddy. Justice of the Peace Eileen Walker delivered the verdict Friday afternoon after four days of evidence.
This is not a criminal conviction, careless driving is a provincial offence and it means the driver hasn’t paid enough attention to the road or enough consideration to others using the road.
Guy McPhee had just dropped off his daughter to wrap Christmas presents for needy kids. While on his way home, he was arranging a hockey game with his brother. He Googled a pawn shop’s phone number and called it. He considered stopping at Canadian Tire. All those things were on his mind while he travelled up the Claremont access on December 2nd, 2015.
He told the court he was looking in his rear view mirrors to change lanes when he heard a bang. He didn’t see or feel anything, but he pulled over and got out to look. All he saw was paper, and another wave of traffic coming toward him, so he left. Once home, he saw the extent of damage to his truck and called police. He didn’t know what he had hit.
When he and his wife went to pick up their daughter, the Claremont access was closed by emergency vehicles. That was his first inkling that what he had hit, was a person.
Jay Keddy had been cycling home from his kindergarten class at Prince of Wales school. Investigators believe he may have swerved around the sewer grate before he was hit.
“Guy McPhee did not pay the required attention to the road.” Justice of the Peace Eileen Walker said when she found him guilty of careless driving. He should have been checking his mirrors, over his shoulder, but also in front of him while changing lanes.
Even though this isn’t a criminal offence McPhee could still face jail time, as well as fines and losing his right to drive.
Sentencing will be September 8th and Jay Keddy’s family members may read victim impact statements.