Richard Benson has been sentenced to two years in prison, less a day, for his role in crashing a van into a Racette classroom, killing one Grade 6 student and critically injuring two of her classmates.
The verdict will take into account time served, which will see Benson spend the next 11 and a half months in prison before being released. Benson also received a lifetime driving ban, a 10-year weapons prohibition, and will be required to submit a sample of his DNA.
On Sept. 4, Benson pleaded guilty to one count of criminal negligence causing death, and two counts of criminal negligence causing bodily harm. Charges laid against Benson for resisting arrest and possession of a controlled substance were dismissed.
The agreed statement of facts states Benson has a history of seizures since suffering a head injury in 2002. The statement of facts also says that Benson suffered from one as early as four days before the incident, but did not seek proper medical treatment. The statement also reads that he was not properly taking the suggested dosage of his seizure medication.
A primary aggravating factor in the case is the fact that Benson falsified information on his applications for a drivers licence and auto insurance
Nearly 60 victim impact statements were submitted, and nearly 20 were read aloud in court, describing in a heart-breaking nature the impacts that the incident has had on the families and friends of the three girls most affected.
According to the agreed statement of facts, on the morning of Oct. 25, 2012, Benson took two of his children to school in St. Paul, before visiting the post office. Benson then turned down a back road on the south side of main street, where he had a seizure at the wheel. Benson’s van reached speeds of up to 80 km/h, passing through five intersections and nearly causing collisions at two, before crashing into the window of a Grade 6 Racette classroom. No alcohol was found in Benson’s blood on the day of the incident.
Defense lawyer Jason Conlin argued for time served plus two years of probation and a 10-year driving ban for Benson, while Crown Prosecutor Jeff Rudiak suggested a sentence of three years with a lifetime driving ban.
Conlin said the incident occurred not because of any single event or precondition, but due to several preconditions that transpired over years, including falsifying provincial documents and failing to properly take his prescribed seizure medication.
Rudiak said the Crown’s approach was from a standpoint of deterrent, denunciation and protection of the public, rather than rehabilitative.
Justice Paul Belzil said Benson was not being punished for his medical condition, but for knowingly getting behind the wheel in spite of his medical condition.
As a result of the mitigating and aggravating factors, Belzil determined that Benson will serve 11 and a half added months in prison (as Benson has been incarcerated since October of 2012) for a total of two years less a day.
Belzil also determined Benson only poses a threat to the public while he is operating a vehicle, and as such a lifetime driving ban has been placed upon Benson.
