The Crown is seeking a nine-month prison sentence for the Sault Ste. Marie driver involved in a pedestrian hit-and-run in Sudbury that killed a 36-year-old Laurentian University Master's student in February 2022.
During a preliminary hearing earlier this summer, 29-year-old Thomas Schell pleaded guilty to failing to stop at the scene of an accident in connection to the crash that happened at the intersection of Walford Road and Ramseyview Court.
International student Andal Govini Rajendra Prasad, who was studying computer science, was crossing the road around 6:50 p.m. Feb. 1, 2022, when she was struck by a Dodge Ram pickup truck, the court heard.
On Tuesday morning, Justice Bruce Pugsley heard sentencing submissions from both assistant Crown attorney Mathieu Ansell and defence attorney Kenneth Walker in an online hearing.
After being struck by the truck, Prasad landed on the hood and then flew 25 metres, but Schell "cowardly and callously fled," Ansell said.
Schell didn't stop, didn't report the crash and did not call to inquire about the victim's well-being afterwards, he said.
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The accused also took steps to conceal his involvement in the crash, altering his damaged vehicle and concocting different lies to his employer, father and partner.
A search of his home in Sault Ste. Marie a week after the crash revealed pieces of the truck's grill.
When Schell was found hiding in the attic, he was arrested.
'UNBEARABLE' ON HER FAMILY
A victim impact statement from Prasad's mother, written by her cousin, was filed and read into the record Tuesday morning.
In the statement, the victim's mother said Prasad lost her father in 2014, had a difficult married life and went through a divorce before coming to Canada.
Prasad – who was two months away from graduating -- really liked the City of Greater Sudbury and wanted to make it her home and bring her mother and brother to live with her, her mother said.
Her death greatly affected Prasad's brother's health, the mother said, stating he developed anxiety, depression and insomnia before passing away of cardiac arrest months later.
The victim's mother described the pain of her loss as unbearable, saying she cannot sleep and has no one left to support or care for her following the death of both of her children.
DEFENCE ARGUES FOR NO JAIL TIME
During his sentencing submission Tuesday, Walker said that Schell is saving the court system lots of time by pleading guilty.
He also said had it gone to trial, he would have raised a couple of Charter issues involving identity and the quality of the search warrant.
Walker said much of the reasonable probability grounds for the warrant were based mostly on "the intuition of an anonymous Crime Stoppers tipster."
The defence attorney also argued that the accused is gainfully employed, is a contributing member of society and had no previous convictions at the time of the offence.
Because of the driving prohibition imposed as part of his bail conditions, Schell lost the lucrative railway job that he had at the time of the crash, Walker said.
Despite not having a license, he was able to find a new job in Sudbury working two weeks on and two weeks off, but has had to rely on his father to drive him to and from the Sault over the last year and a half, the court heard.
The defence has asked the judge for a conditional sentence to be served in the community rather than jail time.
SENTENCING DECISION TO COME
Justice Pugsley has reserved his sentencing decision for a later date.
The matter is returning to assignment court next week where it is expected a date for the final sentencing decision will be set.
CTVNewsNorthernOntario.ca will continue to follow the story and provide updates.
