No jail time for driver in 2022 collision that killed Hamilton motorcyclist

The family of a Hamilton man who was killed in a careless driving collision is questioning the legal system after the driver avoided jail time at a sentencing hearing Monday.

It was August 3, 2022 when 51-year-old Kevin Mills was killed while riding his motorcycle at Highway 6 and Chippewa Road East.

Court documents show that it was the left turn of another driver heading in the opposite direction that would ultimately lead to his death.

On Monday, 25-year-old Katelyn Sousa pleaded guilty to careless driving causing death. The proposed penalty from both the crown and the defence was a $2,500 fine and a six month license suspension that was agreed upon by the judge.

While grieving the death of her brother, Sheri McKenna and family members are attempting to make sense of that punishment.

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“The actual punishment is not enough. It doesn’t show young people, especially driving and getting into accidents. They’re getting a slap on the wrist.” said McKenna.

“I was told that she couldn’t be tried as a criminal, because she actually was going to turn left and that the car was stopped and then she turned into my brother”

At Hamilton’s provincial court house, Sousa emotionally told the court, “I’m sorry for everything.”

“She came to a stop and then as he came upon her, she turned right in front of him without any time to do anything to avoid the impact.” said Jill Rodgers, Sheri’s wife.

Sousa’s defence attorney Asgar Manek says his client had an impeccable driving record up until 2022.

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“This is not (an incident) where speeding was involved, number one. Number two, it’s not a question of someone going through the red light.” said Manek.

“This is something where somebody was not paying attention, what we call lack of due care intention and because of that, it was more covered by careless driving then dangerous driving.”

Victim impact statements read in court remember Mills as a proud tradesman and a dedicated family figure, particularly for his daughter Samatha Jo.

“He was my biggest supporter, trying to take me through nursing school without any debt. He was great. He was just the best dad any girl could ask for and I think he raised me well and I just want to continue to make him proud from this point on.”

Samantha Jo reflected similar feelings to her family that the decision was lighter than expected.

As for Sousa, court documents show she faced five speeding violations prior to the death of Mills. Her attorney said she dealt with the loss of family, including her husband and child’s father in the same year, which played a factor in the sentencing.