Maria Gagliardi was run over and killed on Second Line West two years ago; her family said the sentence — to be served on weekends — not the justice they were hoping for
Editor’s note: The following story contains details about the death of a pedestrian that some readers may find disturbing.
The family of a Sault Ste. Marie woman killed two years ago when she was struck by a dump truck on Second Line says the 90-day sentence imposed today against the driver after a guilty plea is not the justice they were hoping for.
Charles ‘Chuck’ McMillan, 61, was taken into custody immediately after his Provincial Offences Court appearance on Wednesday afternoon, where he submitted a guilty plea in the May 2021 death of Maria Gagliardi.
The collision that caused Gagliardi’s death occurred on May 27, 2021 — almost exactly two years ago.
Maria’s sisters Evenanzia Gagliardi and Giovanna Gervasi were in the courtroom when the agreed statement of facts was read into the record by assistant Crown attorney Matthew Caputo.
According to the statement, at about 5:55 a.m. on the morning of her death, Maria was walking west along the sidewalk on the north side of Second Line and crossing Brunswick Avenue. At the same time, McMillan was driving a Kenworth dump truck owned by Marello Trucking from his home southbound on Brunswick Avenue.
Maria reached the intersection first and properly crossed the road on foot. Video evidence showed when she was about halfway across the street the dump truck driven by McMillan approached the stop sign — but did not make a full stop.
The victim was initially struck by the front driver side bumper and, as the vehicle continued its right turn onto Second Line, the rear wheels ran over Maria while she was on the ground.
The impact caused catastrophic injuries that directly resulted in her death, said the agreed statement of facts.
McMillan continued about a block on Second Line and then parked briefly at the Market Mall before continuing to work.
Defence attorney Anthony Orazietti noted the agreed statement of facts does not include an acknowledgement that McMillan was aware he had struck Maria at the time of the collision.
Paramedics attended the scene soon after the collision and began administering CPR on Maria before she was pronounced dead at the scene at 6 a.m.
A pattern of blood, tissue and tire marks at the scene offered clues to police investigating the collision as to the direction the vehicle was travelling.
After the guilty plea, Caputo read out victim impact statements penned by Maria’s sisters Evenanzia and Giovanna. Those statements did not mention McMillan, instead focusing on the tragic effect losing Maria has had on the family.
“We struggle every day physically, emotionally and mentally of the concept Maria was stolen from us way too soon at the age of 51 in a way that could have been avoided that morning,” Evenanzia wrote.
She went on to note the pain experienced by their elderly parents in the wake of Maria’s death.
“Our parents should never be living this hell nor endure the pain and suffering of losing their first born child in such a horrific way,” said Evenanzia in her statement. “No parent should ever outlive their children.”
In her victim impact statement, Giovanna said having to share the devastating news of her sister’s death with her parents will forever haunt her.
“From this day on, not only speaking for myself but for my entire family, our mental health will never be the same,” wrote Giovanna. “Now we suffer for the rest of our lives as this is a life sentence for all of Maria’s family who loved and adored her beyond words.”
Sentencing was determined in a joint position of defence and the Crown, with McMillan to serve a 90-day non-consecutive sentence to be served on weekends. He also has an 18-month driving suspension and an order to not contact any named members of Maria’s family.
“A plea of guilt is an indication of remorse and him taking accountability for his actions,” said Orazietti.
Caputo said the driving suspension will have a significant impact on McMillan’s ability to earn an income and noted he has been unable to work for the better part of two years.
Not mentioned in court was the July 22, 2022 collision McMillan was involved in which resulted in multiple charges, including careless driving, driving a commercial vehicle with no license, and notice of drivers licence suspension for operating a commercial motor vehicle with a blood alcohol concentration above zero.
McMillan will attend the Algoma Remand and Treatment Centre (ARTC) sober every Friday at 8 p.m. and be released Sundays at 8 p.m., for a total of 30 weekends. If he had received the maximum sentence for careless driving causing death, McMillan could have faced up to two years behind bars.
In a written statement by Maria’s sisters shared with SooToday, they said it was not the sentence or the justice the family was looking for.
“We’re living a life sentence while Charles McMillan gets a slap on the wrist for taking a human being’s life,” said the statement.
McMillan was taken into police custody immediately after the case concluded, to be taken for processing and released immediately, with a requirement to attend ARTC on Friday.
Justice of the peace Kathleen Bryant offered her sincere sympathy and condolences to Maria’s family members for their continued participation in the court process over the past two years and thanked them for their victim impact statement before addressing the defendant.
“Mr. McMillan, everybody has a bottom and I hope we are able to turn things around and this sentence — which I think is fit under the circumstances — turns things around for you,” she said.
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