Three years ago, Ricardo Cruz Abrego got behind the wheel after drinking alcohol then got into a crash near Elora that killed his friend Brian Araujo, and severely injured two others.
After multiple years of anticipation for the victims and their families, the 28-year-old Kitchener man was sentenced to five years in prison in a virtual courtroom sentencing hearing Friday.
Last June, Cruz pleaded guilty to two counts of dangerous driving causing bodily harm and one count of dangerous driving causing death.
The sentence also comes with a 10-year driving prohibition.
Family members read victim impact statements, including Araujo's brother Michael.
“Who was Brian? Brian was a son, brother,” he began before breaking down immediately.
Other family members could also be heard crying in the background.
Michael continued by describing Brian as a friend and “a hero to many people,” learning Brian had “shielded” his girlfriend, Kylie Melo-Bussieres, from the impact of the crash.
“He was full of life and adventure,” Michael said. “Ever since he was a child, a desire for fun with his friends was unmatched. The energy he brought was that of carefree fun and inclusion, and it touched everyone he met.
“He loved his friends, his family dearly, his friends and most importantly his girlfriend, who he died protecting.”
Brian was remembered for his passion for music, going to see his favourite bands and filling his home with the sound of drums.
“So much potential and a bright future, and now completely gone,” Michael said.
In the year that followed, Michael said so many unanswered questions were left.
“Every day for weeks, I had to hear my mom crying hysterically, and to see my dad clinch his chest due to his broken heart,” he said, adding he would get angry that Brian died.
Michael said Cruz's selfishness and cowardice was on full display, pointing out how it’s taken three years to get to this day.
“Nothing will ever heal this loss,” he said.
Kylie’s mother, Tina Bussieres, said Cruz's actions that evening "left me shattered in every way possible, emotionally, mentally, physically and financially."
She detailed how she was at Sauble Beach at the time of the crash, preparing for a market that weekend.
When notified at 2 a.m. by phone by her husband, he had little details and Tina was left with questions, including whether her daughter was alive.
“As it turns out, I couldn’t have chosen a worse weekend to be hours away from my daughter,” Tina said, adding the four-hour drive to Hamilton hospital was “the longest, most excruciating.”
Kylie was alive, but in a coma after suffering what police described at the time as life-altering injuries.
“Hopes for her future were severely altered,” Tina said.
In the weeks ahead, Tina was at Kylie’s bedside, recalling the time being a blur and having suicidal thoughts if Kylie didn’t make it.
She remembers seeing signs Kylie was there and “coming back to us.”
Tina said the crash left a lasting impact, expressing feelings of panic and avoids trips to Sauble Beach, living “in the extreme fear because my daughter’s accident taught me that terrible, unexpected tragedies can happen to anyone at anytime and there’s nothing we can do about preventing it.”
The night of Aug. 1, 2021, Cruz was driving an SUV on Wellington Road 21, near Eighth Line after becoming “intoxicated” at the Elora Gorge Conservation Area when their vehicle collided with an oncoming vehicle.
Melo-Bussieres and another passenger in Abrego's car, Phenixx Cook-Roche, were severely injured in the crash. Cruz suffered minor injuries.
His blood alcohol level at the time was said to be .122, well above the legal limit.
Justice Clayton Conlan called this “a very sad case.”
He accepted the joint submission from the Crown and defence on a five-year prison term, calling it “appropriate.”
Cruz has been out of jail this entire time, so the full five-year term begins Friday.
Mitigating factors include Cruz not having a prior criminal record, and the fact he entered a plea and avoided a trial.
Conlan took issue with Cruz saying he had “no problem” with alcohol, suggesting the opposite and that he seek treatment.
“One person has died, needlessly, senselessly. Two people were very seriously injured, almost died,” Conlan said.
“Mr. Cruz, your life will be altered significantly as a result of this. There are no winners here. It’s a tragic case.”
Cruz was given an opportunity to speak, and expressed that he was sorry – stumbling over his words a number of times.
“I can’t get over how much this has affected everybody, and how much this is going to continue hurting,” he said.
Kylie requested to speak briefly after that. She told the court her belief that Cruz is sorry “because he’s going to jail.”
“That is the only reason. He took no responsibility until after the fact. I believe he’s only sorry for him, not for us.”
Conlan concluded with direct words to Cruz, saying he is a young man with support from his family and a lot of life to live.
“I encourage you to live it productively, in a law abiding way and to make the best use possible of your time in custody,” he said.
To the victims, Conlan added nothing the court says will truly express the level of empathy he has for them.
“I just hope that in time, there is some measure of peace that is brought to you.”
