A Mississauga man “left a dying man on the road” and then tried to cover up his crime with lies, a Superior Court judge said today as he sentenced the driver to eight months in jail.
Dominik Banka, 30, who struck and killed a senior on Lakeshore Rd. in Port Credit, fled the scene and then tried to get his car fixed to conceal the crime, is also prohibited from driving for three years, ruled Justice Bruce Durno.
Banka pleaded guilty to failing to remain at the scene of a crash causing death in the Jan. 18, 2010 incident that killed Charlie Woods, 75, of Port Credit.
Court heard Banka tried to have his car fixed and told a mechanic and an insurance agent that it had been vandalized.
“He struck another person and fled the scene, instead of … stopping and offering assistance,” the judge said, suggesting Banka let “his own self-preservation dictate” his actions that night and the following day.
The owner of the repair shop became suspicious when he found white hair on the windshield and called police.
Banka, who said he told his wife what happened that night, was arrested the following day by Peel Regional Police.
Banka has 14 convictions under the Highway Traffic Act, eight of which were for speeding, court heard.
Banka, a father of two who immigrated from Poland several years ago, has since shown remorse, said his lawyer, Michael Czuma.
Durno agreed, saying Banka wrote a letter of apology to Woods’ family in which he indicated he was “ashamed and remorseful.”
He also has a strong support network and a stable job as a roofer, court heard.
Durno said evidence showed Banka was crying on the night in question, fearing he’d killed someone.
His family wept openly in court after yesterday’s ruling.
Woods, a retired truck driver who lived in an apartment near where he was struck, was crossing at Briarwood Ave. when he was hit by a late-model SUV that didn’t slow down as it left the scene, witnesses said.
Woods was tossed 28 metres and suffered massive internal injuries and skull fractures. He was pronounced dead in hospital.
Woods and his dog, Lucy, were frequently seen around Port Credit, where he knew many people. He has a nephew in Owen Sound and a brother who died of cancer shortly after being told of Woods’ death, court heard.
Crown prosecutor Paul Renwick was seeking a one-year jail term and a driving prohibition.
Czuma had asked for a conditional sentence.