A Windsor man has been spared jail time receiving a fine and probation term for his role in a fatal crash in east Windsor.
Kyle Colthurst, 32, was sentenced to one year probation and a $2,500 fine after he was found guilty of dangerous driving.
Colthurst was driving a vehicle, twice the legal speed limit, on Lauzon Rd. and Tranby in April 2014, when he collided with an SUV.
Katie Robson, 20, of LaSalle was a passenger in the SUV and died of her injuries.
"It just doesn't seem right," says Katie's father Paul Robson outside of Superior Court. "It just feels like the system is failing here."
AM800 file photo
The court heard the two vehicles were racing down Lauzon Rd. when the crash occurred.
"There was insufficient evidence to demonstrate that my client struck the other vehicle which caused the death of the victim, it was the other way," says Colthurst's lawyer Brian Dube. "It was the other vehicle who veered out of his lane and struck my client."
Dube says Colthurst was sentenced for dangerous driving, not the consequences of the crash.
"His honour found doubt with respect to whether my client legally caused her death," says Dube. "He was obviously driving at an excessive dangerous rate of speed and that was what he was sentenced for."
Robson says the family is disappointed acknowledging "it is not going to bring her back and we just have to find a way to move forward."
In handing down the sentence, Justice Scott Campbell said Colthurst made a conscious choice to drive 106km/hour that night.
The driver of the SUV, Calvin Crosby, was sentenced to a year in jail after he pleaded guilty to dangerous driving causing death.