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News (Media Awareness Project) - CN ON: Driver High On Cocaine Jailed For Fatal Crash
Title:CN ON: Driver High On Cocaine Jailed For Fatal Crash
Published On:2000-04-06
Source:Toronto Star (CN ON)
Fetched On:2008-09-04 22:21:17
DRIVER HIGH ON COCAINE JAILED FOR FATAL CRASH

Seven-Year Sentence Too Light, Family Says

The pain felt by Anna Cabral in losing her brother Paul in a traffic death
wasn't eased by the punishment handed out yesterday to the man who killed
him.

Derek Thomas, a 38-year-old career criminal, a drug dealer who was high on
cocaine and fleeing police, got a seven-year jail sentence for crashing his
stolen car into Cabral's van in September, 1998, killing him instantly.

"This (sentence) is of little or no comfort to us," Anna Cabral said
outside court, as her two brothers, Tony and Walter, and Cabral's widow
looked on.

She expressed surprise and disappointment at what she called a light
sentence handed down by Mr. Justice Peter Jarvis to Thomas, who was found
guilty last month of criminal negligence causing death and theft.

"Paul's not here and his children only have a photograph of their daddy,
and that picture will never be able to speak back to them," she said.

Cabral, 36, had been out that night lining up a second job to earn extra
money when his vehicle was broadsided at 120 km/h at the corner of
Islington Ave. and the Queensway.

Cabral had one son, Andrew, and his wife Helen was pregnant with their
second child, Paulina, who was born the day after her father's funeral.

Thomas, who's led a life of crime since he was 16, had a record that
included robbery, theft, assaulting a police officer, drug dealing,
carrying prohibited weapons, when he stole a car in Mississauga that
September day because he wanted to see his girlfriend, who lived in
Toronto.

The police, who spotted the stolen vehicle within minutes of the theft, had
chased Thomas along with Queensway, but broke off the pursuit when an
officer saw red traffic lights in the distance.

As the trial heard, Peel Regional police Constable Michael Trauzzi said he
slowed down, hoping Thomas would "take some responsible action" and ease
his foot off the gas pedal. He didn't, and Cabral was killed.

Cabral's sister took the stand yesterday to tell the court of the pain her
family has suffered ever since.

"It was the beginning of the end for our family when we got the news," she
testified. "He was the glue that held us together. He always protected us."

Thomas has been in custody since the crash, the equivalent of three years
under the customary two-for-one, pre-trial custody deal.

Crown Attorney Brian McGuire had urged the judge to jail Thomas for up to
12 years, saying Cabral's death was akin to manslaughter, committed by a
man who showed "a wanton and reckless disregard for the safety of others."

Defence lawyer David Midanik told the judge Thomas has since converted to
Islam and "hopes to turn his life around."
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