Prison sentence for hit and run driver (adds Borden comments )

An Ontario Superior Court judge says Michael Phillips showed a “callous disregard” for the well being of Keven Borden, pictured left, following the accident which claimed the life of the 23-year-old Callander resident.

This morning, Justice Lawrence C. Kozak sentenced Phillips, of North Bay, to 30 months in a federal penitentiary for dangerous driving causing death, and six months in jail for failure to remain at the scene of an accident, for a total of 36 months.

The time Phillips has already served in custody was factored in on a three-to-one ratio, reducing the sentence to 33 months.

As well, Phillips is prohibited from driving for five years.

Not surprised with sentence
Keven's father Allan wasn’t surprised with the sentence.
“To tell you the truth that’s what I was expecting, and he’ll probably end up serving one-third of that," Borden said.

Borden was also disappointed Phillips lost his licence for five years, rather than being slapped with a lifetime driving prohibition.

"We don’t want revenge, we just want to get this guy off the streets so this sort of thing never happens again," Borden said.

Borden also finds it ironic that he, as a taxpayer, will be helping to pay "for the room and board of the man who killed my son."

Unable to bring Borden back
The jury at Phillips' trial had determined he had struck Borden on College Drive, Oct. 13, 2001, at 2:25 a.m.
Phillips has never admitted to the crime, the court was told.

Borden and a friend were walking down College Drive when the accident occurred.

The sentencing was supposed to take place last month, but Justice Kozak postponed his decision until Nov. 4 so he could consider a pre-sentencing report and submissions by Crown attorney John Holland and defence lawyer Geoff Laplante.

“No matter what the court does in the way of sentencing, it is unable to bring Keven Borden back,” Justice Kozak said.

The pre-sentencing report, Justice Kozak said, “could hardly be described as favourable.”

“It showed Michael Phillips is unable to come to grips with his offences,” Justice Kozak said, which include previous impaired driving offences and “a sexual addiction.”

Chose to flee
Phillips, Justice Kozak said quoting from the report, showed no remorse for what happened, “and even stated he was not driving, which is an incredible and astonishing statement, and he has a tendency to not accept responsibility for his actions.”

Rather than stopping due to the severity of the impact, Justice Kozak said, “Michael Phillips chose to flee the scene instead of rendering assistance to the victim.”

Instead, Justice Kozak said, Phillips chose to call an auto repair shop to pick up his vehicle, reporting that the damage to it was likely inflicted from hitting a dog even though it was far more severe.

In making his decision, Justice Kozak said, he considered victim impact statements from four members of Borden’s family and one from Angela Keefe, whom Borden was walking with when the accident occurred.

“These statements were sincerely written, with powerful emotion indicating the influence and importance Keven Borden had on their lives,” Justice Kozak said.

Mitigating factors
Phillip’s punishment, Justice Kozak said, “must fit this crime, which cannot be overstated, since it is a very serious instance of criminality causing the death of a human being. It demonstrated Phillips’ selfish use of the roadway, without regard to the safety of other persons who were using it.”

Laplante had recommended a 26-month prison term on the dangerous driving charge and four months on the failure to stop charge. Alternately, Laplante said, Kozak could sentence Phillips to a conditional sentence -- house arrest -- of two years less a day followed by probation.

Holland recommended Phillips be sentenced to 3.5 to four years in prison on the dangerous driving charge and 1.5 to two years on the failure to stop charge.

Phillips’ driver’s licence should also be suspended for 10 years, Holland had recommended.

But, Justice Kozak said, there were “mitigating factors” which he had to consider while deciding on an appropriate sentence.

Could apply for parole
Phillips, he said, was 34, and had very good support from his family and parental reinforcement. He was a business owner with a "viable business," possessed teaching skills, participated in charitable causes and suffered from rheumatoid arthritis and depression.

"I just hope the judge knows what he's doing," Borden said.
He added the family is trying to rebuild its life "as best as we can without Keven."

As well Borden said he'd like to see devices added to vehicles which will prevent inebriated drivers from being able to start them.

Before he was taken away, Phillips chatted briefly with his parents, grabbing his father's hands as goodbyes were exchanged.

Laplante declined comment, but a source told baytoday.ca Phillips could end up serving only part of his sentence before becoming eligible to apply for parole.