 Rocca's Chevrolet Cavalier is seen after the fatal crash on Hwy. 7 in Vaughan in November 2008. (SUN MEDIA FILE)
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TORONTO -- An $85 fine and an admission of guilt seems like a small price to pay for killing someone.
But after a year of fighting for answers in the crash that claimed the life of Pietro "Pete" Rocca, his family is just happy to know someone has finally accepted some blame for the 47-year-old Orangeville man's death.
"No amount of money is ever going to bring my brother back," an emotional Tina O'Brien, 54, said yesterday, a day after the nominal fine was dished out in a Newmarket traffic court to the motorist who killed her younger sibling.
"I'm just glad we were able to speak for him, to be his voice and show this accident wasn't his fault," she added, unable to hold back her tears. Rocca's Chevrolet Cavalier broke down on Hwy. 7 near Bathurst St., in Vaughan, over the noon-hour on Nov. 17, 2008. He pulled his car over to the shoulder but wasn't quite able to move completely out of the live lane.
Rocca then used his cellphone to call for roadside assistance and waited in his car for help, as motorists are advised to do.
However, as Rocca waited, a Ford Explorer smashed into him from behind and rammed his car into the guardrail.
His family maintains he did everything right and still ended up losing his life.
York Regional Police probed the crash, but no charges were laid.
Commenting on the accident last May, Chief Armand La Barge explained that his officers conducted a "thorough" investigation and presented the case to the Crown. But in the absence of witnesses, it was decided there wasn't enough evidence to proceed with charges.
It's believed the SUV driver, Samjin Ham, was following behind a van and may not have seen Rocca's car until it was too late.
However, the dead man's family was determined to find answers. And they turned to attorney Robert Guerts to pursue the matter on their own.
"The family just wanted an explanation as to responsibility, how did it happen," Guerts said yesterday.
Guerts was unable to get criminal charges to stick, but he did manage to get the case heard in traffic court.
He had been pushing for Ham to be charged with careless driving, but in the end he settled for a guilty plea for following too close.
"By him pleading guilty to following too close, he gave the family the explanation they were looking for," said Guerts, who was also pleased with the outcome of the case that "originally couldn't be won."
CARELESS DRIVING
The charge normally carries a fine of up to $5,000 under the Highway Traffic Act. But Ham agreed to an $85 fine, which happens to be the minimum fine for careless driving.
"The fine wasn't the point," Guerts said. "The point was that there was culpability."
"The fine was symbolic," he added. "We wouldn't have cared if it was $1."
Rocca's sister agreed and explained that while the fine may appear to be a small consolation for the loss of a loved one, it wasn't what her family's fight was about.
"He admitted he was guilty and that's what matters," said O'Brien, who was among nine of Rocca's family members, including three brothers and two sisters, in the courtroom to hear the guilty plea.
"In the long run the judicial system worked," she added.
Rocca, who was a truck driver, lived with and cared for his mother.
He will always be remembered as "a great guy," O'Brien said.
CHRIS.DOUCETTE@SUNMEDIA.CA