Windsor driver sentenced to house arrest for 2019 crash that killed her brother

A Windsor driver has been sentenced to house arrest for a fatal collision that killed her brother in 2019.

Court learned the driver was speeding at 100 kilometres per hour on University Avenue after visiting two downtown Windsor bars on Nov. 11, 2019.

Samantha Pollard Ogley, now 31, previously pleaded guilty to dangerous driving causing death in the single-vehicle collision.

The Crown Attorney, at the conclusion of Justice Maria Carroccia’s sentencing Thursday, withdrew a charge of impaired driving causing death.

“I think it is a complete tragedy,” defence lawyer Laura Joy told CTV News outside of court. “But, of course it's still a criminal offense.”A vehicle is left heavily damaged after crashing into a building in the city's west end. (AM800 / Gord Bacon)

Court learned Pollard Ogley’s brother died as a result of the injuries he suffered three months after the collision. He was a passenger in the backseat of the Jeep Liberty.

“When you lose your brother and your best friend, to these types of circumstances, it's a very, very difficult situation that she (Pollard Ogley) will live with forever,” Joy said.

She acknowledges Pollard Ogley was speeding and running red lights on University Avenue after consuming alcohol at downtown establishments.

However, Joy said, there were a number of “issues at play” in the case before the courts.

“The road conditions were bad. The weather was bad. She (Pollard Ogley) had just purchased a vehicle that she believed had (passed a safety inspection),” Joy said.

According to the Agreed Statement of Facts, police determined two of the tires were “worn down beyond the wear bars”, the universal joint under the Jeep had “extensive wear” and the rear seatbelt detached from the vehicle “as a result of the collision”.

Joy also intended to argue her clients rights were breached after Police obtained a blood sample without a warrant.

“There also would have been a lost evidence application,” because Joy alleges police failed to properly store the vehicle after it was towed from the scene.

On the first day of her trial this past April, Pollard Ogley pleaded guilty to dangerous driving causing death.

Joy said her client did not wish to risk the potential sentence of a minimum of three years in prison had she been convicted by Justice Carroccia.

“By your actions you lost your brother and I know that’s very difficult for you,” the judge said. “I recognize you have expressed your remorse by pleading guilty to these offences even in light of the challenges the Crown might have had in proving the charges against you.”

In addition to agreeing with Joy that the case was difficult, Crown Attorney Charles Yih also told the court two police witnesses have been on medical leave since the 2019 accident and are unavailable for testimony.

And, he said a civilian witness’s evidence has changed over time.

The Crown and defence made a joint sentencing submission asking for house arrest (also known as a conditional sentence) of two years less a day.

Justice Carroccia accepted the submission, ordering Pollard Ogley stay at her home unless for medical, employment or legal reasons. After one year, Pollard Ogley will have an overnight curfew but can leave her home during the day.

She cannot drive for the next seven years.

Joy says no sentence the court hands to Pollard Ogley can be worse than the punishment of ‘survivors guilty’ that her client suffers every day.

Joy concluded the sentence protects the community and sends a message to all drivers.

“You can't have a drink and drive. Don't even take that chance. Not worth it.” Joy said.