A 27-year-old man has pleaded guilty to both impaired driving causing death and impaired causing bodily harm.
On July 12, 2022, Belleville police received a call of a motor vehicle collision in the area of Moira Street West in the City of Belleville.
When police arrived, they spotted two vehicles involved in the collision.
Inside a black Mercedes Benz, police determined the driver to be Brandon Pomfret and the passenger to be Kyley Bardy.
Inside a silver Nissan was the lone occupant, Michaela Tustin.
All three were extricated from their vehicles and sent to hospital in critical condition.
While Pomfret was being extricated, paramedics and firefighters noticed a strong smell of alcohol coming from his person.
Due to the nature of the injuries sustained, Pomfret did not have a normal procedure of providing a breath demand or blood demand. Instead, samples were taken at Belleville General Hospital.
After investigation it was determined that Pomfret had a projected blood alcohol content of approximately 244-254mg/100mL and that before the collision, the vehicle Pomfret was driving had been travelling west in the eastbound lane of Moira Street West.
Twenty-seven-year-old Michaela Tustin and 25-year-old Kyley Bardy suffered catastrophic injuries in the collision.
Bardy never regained consciousness and passed away from her injuries on May 3, 2023. Both of Bardy’s parents read victim impact statements that were filed as exhibits. Tustin remains with lifelong debilitating injuries and remains unable to speak. She is learning how to walk again.
The crown had been seeking a six-year sentence while the defence was seeking a 5.5 year sentence.
In the end, Justice Stephen Hunter sentenced Pomfret to a 5.5 year sentence and an eight-year driving prohibition.
Justice Hunter cited that Pomfret had indicated an intention to plead guilty from a very early opportunity and that Pomfret had taken full responsibility for his actions.
The judge also noted that more public education is needed and that sentencing people who otherwise led pro-social lives to significant jail time hasn’t solved the problem of deterring people from drinking and driving.
