Crown seeks 6-year sentence in fatal Westboro hit-and-run

Nadya Byne has walked past the corner of Richmond Road and Kirkwood Avenue in Westboro since she was a child.

But ever since April 15, 2023, it no longer feels like the "safe, happy place" she once knew.

On that day, her mother and her stepfather, 46-year-old Franco Micucci, were crossing the intersection when Micucci was struck by a driver speeding away from police.

That driver, Tevon Bacquain, then fled the scene. Micucci never regained consciousness and died in hospital.

The now 22-year-old Bacquain pleaded guilty last December to flight from officers and failing to remain causing death.

Last week in court — after Byne and others read out victim impact statements — lawyers made competing arguments for how much time Bacquain should spend behind bars.

The Crown is calling for six years, minus the time Bacquain has already served in jail, while the defence is seeking a sentence of two to two-and-a-half years.

Whatever punishment Justice Marlyse Dumel eventually imposes on Bacquain, Byne made her feelings about the offender clear.

"I will never offer you one shred of forgiveness, acceptance, empathy, or relief," she said, reading out her statement last week.

"I have to carry this pain with me for the rest of my life. It is permanent and there is no repairing the irrevocable damage that has been done to my family."

Micucci is pictured here with his step-daughter Nadya Byne's younger sibling. (Submitted by Nadya Byne)

In the pedestrian lane

According to Crown materials filed when Bacquain pleaded guilty, police had seen Bacquain conduct what was believed to be a drug deal several blocks away.

When they tried to stop him, Bacquain sped away to the north.

Officers then halted what Ontario's police watchdog called a "brief pursuit" due to "associated risks," according to the court documents. Despite this, Bacquain continued to flee at a speed that met the criminal standard of dangerous driving.

Micucci and his wife were in the marked crosswalk and had the pedestrian light when Bacquain swerved in their direction and struck Micucci, sending him into the air.

Police initially spotted Bacquain well south of where he collided into Micucci. They'd suspected Bacquain of taking part in a drug deal before he fled north in an attempt to evade the officers. The police chase was called off before the collision at the corner of Richmond Road and Kirkwood Avenue. (Ontario Court of Justice)

Even after striking Micucci, Bacquain — with his windshield significantly cracked and bashed in — kept driving north before abandoning his car at a grocery store and taking off on foot.

He texted his mother and told her to report the vehicle as stolen, the court documents show.

He was eventually arrested in a backyard one kilometre from the collision site.

Bacquain's lawyer, Joseph Addelman, could not be reached by CBC for comment.

But in court Thursday, he cited Bacquain's mental health issues, substance abuse problems, and the bullying and racism he faces as a mixed-race person as mitigating factors.

Bacquain also expressed his "deepest sorrow" to Micucci's family, according to the Ottawa Citizen.

'Find myself yelling in a rage at drivers'

Byne's victim impact statement was one of six that were read out last week.

Jason Lutes remembered how Micucci fixed his bathroom wall at no charge, and talked about how he worries now about his kids being hit by a motorist.

"I find myself yelling in a rage at drivers who don't come to a complete stop in my neighbourhood," he said, reading from his statement.

"The thought of someone hitting my friend, driving away and then trying to cover it up has left me extremely angry."

Micucci was a warehouse worker at Team Harding, an Ottawa HVAC business. (Submitted by Nadya Byne)

Byne told CBC her family dynamic has changed since Micucci died, and that it feels like she and her mom have grown closer since the collision.

"We're discussing a lot of really sensitive topics that I never thought I would have to discuss with my mom," she said.