Family seeking justice, ‘closure’ in case of Toronto cyclist’s hit-and-run death

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Tom Samson's family refused to go quietly.

They knew him to be a safety-conscious cyclist and didn't believe he would have been breaking the law when he was hit at a Toronto intersection. Police initially blamed Mr. Samson for going through a red light, a conclusion the family call "nonsense."

Unwilling to accept the police account, they hired a criminal lawyer to look into how he died. It now appears that Mr. Samson was hit from behind while waiting, stationary or nearly so, to turn left.

Although it took three years, on Monday they were finally able to confront the person guilty of killing him with harrowing stories of how the death had wounded them.

The family's emotions were laid bare in court as they voiced their grief at the 35-year-old's death.

In their victim-impact statements at the sentencing hearing of Miguel Oliveira, Tom Samson's family described suicidal thoughts, the anguish of not getting back possessions that were considered evidence and frustration at legal delays that have dragged on.

"I need this criminal proceeding to end and look forward to the little bit of closure it will bring," said his widow, Kasia Briegmann-Samson.

It was one of a tearful series of statements that included his father saying that he still suffers recurring nightmares in which he sees his son die. "I was howling on the hospital floor, next to my son's body, cursing the [driver] who killed him," Uri Samson said. "I blame myself for his death because I taught him to ride."

The sentence for the hit and run is scheduled to be handed down Jan. 12. The Crown is seeking 12 to 18 months in jail. The defence is pushing for 60 days, to be served on weekends, which the victim's mother, Gita Samson, likened to "a slap on the wrist."

There is currently no minimum sentence for failure to remain at the scene of a crash and the defence lawyer floated on Monday the prospect of Mr. Oliveira not being punished beyond the house arrest under which he's been living.

The family is hoping for a change to how the law treats those who fail to remain.

"I would like very much that the legislation be changed and to the maximum sentence be added a minimum sentence, just like in Florida or in the state of Oregon and some other states in the United States," Mr. Samson explained in an interview after the proceeding.

"In Florida it's a minimum sentence of four years … and the hope is that it will make the person think twice before he takes off and leaves the person on the road."

The crash that killed Mr. Samson took place on an early November morning in 2012, while he was on his way to meet friends for breakfast before work.

He was hit at Lansdowne Avenue and Davenport Road, in the city's west end, by Mr. Oliveira, who left the scene and didn't turn himself in for about 40 hours.

Hamish Wilson was one of several cycling advocates to come to court Monday to offer support. He worried that the case showed the difficulty in getting justice for cyclists who have been hit by cars.

"There are always three sides to every story, but sometimes you get a sense that the police only really see things from the motorist point of view," Mr. Wilson said.

"You'd like to think that the more vulnerable might be … given a bit more respect."

Mr. Oliveira, who had initially signalled an intention to plead not guilty before changing to a guilty plea, spoke briefly. "I sincerely apologize," he told the court in semi-audible tones. "I take full responsibility."