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Suspended six-month sentence for driver in ‘life-altering’ crash

A woman whose careless driving caused life-changing injuries to a teenager has been handed a six-month prison sentence, suspended for two years.

Ebony Butterfield, 33, from Sandys, was also fined a total of $3,000 and banned from driving all vehicles for three years at a sentencing hearing in the Supreme Court today.

She had pleaded guilty to causing grievous bodily harm by careless driving to Quadae Baker, who was left permanently disabled, as well as not immediately stopping after a collision and failing to provide a breath sample.

The court heard that Butterfield was driving east along Middle Road near the junction with Woodlawn Road in Sandys when she swerved into the opposite lane twice before striking Mr Baker causing him to fall from his motorcycle in the westbound lane.

The crash happened at about 11.45pm on January 3, 2025.

Butterfield continued to drive east and stopped at Southampton Rangers Sports Club, where she was later found by police, the court heard last week.

She told attending officers that she had been involved in the incident and was subsequently arrested and taken to Hamilton Police Station.

While she agreed to provide a sample of breath, the court heard she failed to provide an adequate sample, which was deemed a refusal.

During sentencing this morning, Puisne Judge Alan Richards highlighted that Butterfield had driven “almost the entire length of Southampton Parish” after the collision before stopping her vehicle.

Mr Baker, who was 16 at the time of the incident, was found to have sustained serious injuries to his right arm — a closed fracture on the upper bone, an open dislocation of his elbow and fractures — two of which were open — to at least three of his fingers.

Reflecting on the teenager’s impact statement, Mr Justice Richards said: “It is no exaggeration to state that this collision has significantly changed the young man’s life in innumerable ways.

“The reality is that Bermuda’s roads are dangerous places to be and this weekend, we have been reminded just how dangerous they are with the fifth road fatality of the year very sadly occurring on Saturday.”

He also referenced non-fatal incidents that occurred over the weekend.

Mr Justice Richards added: “I know that Master Baker has had to endure two overseas surgeries and is facing another in the future.

“As significant as his physical injuries were and remain, he has also been caused psychological and emotional harm by what occurred.

“I pay tribute to the strength and courage that Master Baker has already shown and I hope that, for the invaluable love and support of his family, he will not only continue to meet the challenges of his treatment, but benefit from the greatest possible physical healing, and perhaps even more importantly, renewal of his spirit.”

He took into consideration the fact that Butterfield had expressed remorse for her actions despite Mr Baker’s mother having referenced a lack of an early apology.

Mr Justice Richards said there was no way to know how such an apology would be received.

“Sometimes it will be unwelcome and do more harm than good,” he said,

Mr Justice Richards added: “Although her conduct immediately after the collision did not demonstrate remorse, I have concluded that she is now truly contrite for the pain and suffering she has caused.”

He said he had weighed the credit Butterfield deserved for her guilty pleas.

She pleaded guilty as soon as it was clear that the lesser charge of GBH by careless driving, as opposed to an initial charge of causing GBH by dangerous driving, would be accepted by the prosecution.

Most cases of the lesser offence are disposed of in Magistrates’ Court where the maximum penalty on first offence is a fine of $3,000 and, or three years in prison.

The maximum period in the Supreme Court is four years in prison.

Mr Justice Richards said Butterfield’s conduct as a whole was regarded as more serious as she did not stop at the scene and did not comply with the lawful demand for a breath sample.

He accepted that Butterfield may not have immediately appreciated the level of harm sustained by Mr Baker but added: “If she had been acting responsibly, she would have stopped her vehicle”.

He said that in her social inquiry report, she suggested that she had difficulty breathing as a result of her anxiety.

He said while he had “some difficulty” with the explanation, he had not been invited to hear evidence, adding: “I note that by the plea, Ms Butterfield has nevertheless accepted that she lacked a reasonable excuse for her failure to provide.”

The judge said that given she had swerved into the opposing lane twice, he deemed the level of culpability and responsibility as “intermediate”.

He added: “I have taken into account that she is a person who not only lacks previous convictions, but is of positive good character, as set out in her social inquiry report.

“I have also taken into account her genuine remorse and the evidence before me as to her own medical situation.

“None of those factors alone may have been sufficient to persuade me to suspend a period in prison but taken together I find that they constitute a good reason to do so.”

Butterfield received the suspended sentence, the road ban and a $1,800 fine for causing GBH by careless driving.

She was fined $1,000 for failing to provide a breath sample and a further $200 for failing to stop after the incident.

Butterfield was ordered to pay the fines by June 30.

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