The man who struck and killed a Richmond Hill cyclist while fleeing police, after being clocked doing 125 km/h in a 60 km/h zone, has been sentenced.
Drak Paul, 22, from Toronto, was handed a two-year prison sentence and a five-year driving ban on March 15 after he pled guilty to dangerous driving causing death and fail to remain causing death.
During an in-person sentencing at Newmarket Courthouse, Justice David Rose said the speed and recklessness of the driving made things far worse for Paul.
"I find that the manner of driving is seriously aggravating… Mr. Paul’s driving that morning leads me to find that he was going to crash his car at some point," he said. "It was inevitable. He was just going too fast."
Rose added that he's been struggling with Paul’s decision to run from police, explaining that had he stopped he would have likely just received a traffic ticket and in turn, ensured the safety of Daniel Bertini, 54, a Richmond Hill father-of-one.
He did not mention during this portion that Paul did not have vehicle insurance, which had expired due to lack of payment, at the time of the crash.
It was July 24, 2020, that the crash occurred on Keele Street, between Dearborne and Cavell avenues, in King Township.
While speeding, Paul's Honda Accord rose up a slight hill, hit the shoulder and lost control, hitting Bertini before becoming airborne, rolling over and landing on its roof.
Bertini was pronounced dead at the scene.
Following the crash, an injured Paul pulled himself out of the vehicle and ran for 2.7 km before he was eventually picked up by police.
Bertini’s wife, Rosy, told the horrible story of how she found out her husband was the victim – watching a news report and seeing images of what appeared to be her husband’s bicycle.
She told the court she was forced to wait an entire day, Bertini not answering his phone and not returning home, for police to notify her that Bertini was, in fact, the victim.
She compared her emotions since the Vaughan teacher's death to permanently "suffocating" and a "bottomless void".
Her son, Zachary, said that despite the pain Paul has caused in his life, he continues to pray for Paul.
Meanwhile, it was argued that Paul, who is employed as a mechanic assistant and does not have a criminal record, suffered from neglect as a child and a "troubled" family life.
Prior to sentencing, he described having feelings of "being invincible" prior to the accident, something he regrets and is remorseful for now.
During their submissions, Crown Sean Doyle requested 30 months in jail and a 6.5-year driving prohibition, while defense Domenic Basile requested 18 months and a five-year driving ban.
Rose said that while he did consider how youthful Paul is, he didn’t believe that anything less than two years would appropriately deal with the situation.
"I have come to the conclusion that this could have easily have attracted a higher sentence, towards 2.5 years," he added. "Nothing less than two years will adequately address the many serious aggravating factors present."
Paul was also ordered to provide a DNA sample.






Anyone can read Conversations, but to contribute, you should be a registered Torstar account holder. If you do not yet have a Torstar account, you can create one now (it is free).
To join the conversation set a first and last name in your user profile.
Sign in or register for free to join the Conversation