即使两条人命还是避免了坐牢Driver avoids jail in double fatal

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Conditional sentence. Brian Machado was handed a conditional sentence of 18 months today in Brampton court for his role in a multi-vehicle crash that killed two best friends. File photo



A Mississauga man whose dangerous driving caused a multi-vehicle crash near Bolton that killed two best friends has avoided jail time.
  C! m  e% c2 T, N' _) f% fToday in Brampton court, Brian Machado, 30, was handed a conditional sentence of 18 months, followed by three years' probation, by Justice Michael Tulloch.
The first nine months will be spent under house arrest, with the remainder to be spent under stringent conditions, including a 9 p.m. curfew.
) o" T+ [* `3 wAlso, Machado will not be allowed to drive for four-and-a-half years, other than to and from work, and he must perform 100 hours of community service.
Court heard earlier that Cynthia Dougherty, 49, of Beeton, and her passenger, Mar Dalsass, 44, of Palgrave, never stood a chance in the Oct. 6, 2007 seven-car pileup on Hwy. 50. A regional coroner said their hearts exploded on impact in the devastating crash.
Court was told that Machado's BMW and an Audi driven by his brother, Steven Machado, 25, were travelling as much as 40 km/h faster than the posted speed of 80 km/h when the Audi clipped the rear of Dougherty's car, sending it across the southbound lanes and directly into the path of a northbound pickup.
  s1 t4 r' \2 L% hThe women, who had spent most of the day shopping in Bolton, were killed instantly.
Seconds before, the Audi had gone between two southbound dump trucks before passing on the gravel shoulder. Steven Machado, who pleaded guilty to two counts of criminal negligence causing death and was sentenced last year to 21 months in jail, testified that he was looking for a CD at the time. When his Audi came back onto the road, it collided with Dougherty's Grand Am.
Brian Machado pleaded guilty earlier to two counts of dangerous driving causing death, admitting in court that he was driving dangerously along with his brother, "and in doing so, caused the deaths."
/ T" a( e1 g) k1 i7 qEarlier this summer, he apologized in court to both families, saying he was a bad example for his younger brother that day.
8 c% R4 n4 c& t, _"No words can express how horrible and bad I feel," he told court. "If I could turn back the clock, I would in a heartbeat."
& O% J, z, q. l  l7 n" s- JBrian Machado was initially charged with two counts of criminal negligence causing death, but his lawyers and the Crown agreed to a plea to the lesser charge, arguing his driving was dangerous, but not nearly as bad as his brother's.
0 F+ P, v+ g- M/ r8 w0 OPeel Regional Police Cst. Ken Wright, of the Major Collision Bureau, said the latest conviction sets a positive precedent.
"The fact that he was convicted even though he wasn't the car that crashed, that's important case law because it says that even if you're not the driver that crashed, you're still guilty of a criminal driving offence of causing the death," Wright said.
Crown prosecutor Sean Doyle had asked for a term of two years less a day house arrest, to be followed by three years' probation.
* E* b  E7 L5 s+ k% U, K3 |, R+ iBrian Machado's lawyer, Joanne Mulcahy, asked for a 12-month term of house arrest and driving restriction, saying her client acknowledges the "tragic consequences" of his actions and "accepts responsibility."
0 _& I# ^# W$ l6 t/ fDerek Dougherty, who was about 20 car lengths ahead of the two women, said his wife's car "exploded."
"The crash scene looked like a war zone," he told court earlier.