Saint John woman gets house arrest for fleeing see of fatal collision with cyclist

Philip MacMillan died in hospital six days after his was struck while cycling on Crown Street on May 28, 2021. (Submitted by Shelley Seaman - image credit)
Philip MacMillan died in hospital six days after his was struck while cycling on Crown Street on May 28, 2021. (Submitted by Shelley Seaman - image credit)

A 25-year-old Saint John woman has been sentenced to a year of house arrest after pleading guilty to failing to remain at the scene of an accident that killed a 62-year-old cyclist.

Shantel Raeburn was handed a conditional sentence on Monday, albeit the longest possible for such sentences — two years less a day.

Philip MacMillan died after being struck by a car on May 28, 2021.

Only the first 12 months of Raeburn's sentence will be served on house arrest. For that period, she has to remain in her Broadview Avenue apartment except for work or education. On Saturdays between noon and 4 p.m., she's free to run personal errands.

Roger Cosman/CBC
Roger Cosman/CBC

She's also able to leave for approved counselling and for medical appointments for her and her six-year-old daughter.

Raeburn was charged with leaving the scene and with obstruction of justice and pleaded guilty to both charges last month in advance of a scheduled jury trial

No details about collision

In an agreed statement of facts, Raeburn admits immediately fleeing the scene of the accident, which happened at about 7:45 a.m. on Crown Street.

The statement of facts does not describe how MacMillan was struck that morning, and details about the collision itself were also not addressed in court Monday.

Court heard that after the accident, Raeburn parked the car, which was registered to her partner, at an address on Queen Street. The partner's uncle, who works at a recycling plant, was asked to dispose of the vehicle.

At about 2 a.m., roughly 18 hours after the collision, a member of the Saint John Police Force located the vehicle parked behind a residence with the licence plate removed.

Early in the afternoon on May 29, 2021, Raeburn turned herself into police and made a full, tearful confession.

Judge imposes 3-year driving ban

Based on that confession and Raeburn's eventual guilty plea, Justice Darrell Stephenson of the Court of King's Bench said he believes she is "truly remorseful."

Stephenson also fined her $1,000, prohibited her from driving for three years and ordered her to provide a sample of her DNA for a national databank.

MacMillan's family members declined to speak to reporters, but his wife and his mother gave victim impact statements to the court.

Carolyn MacMillan, Philip's wife, said she sufferers from post-traumatic stress and is triggered by ambulances, white trucks like the one her husband drove, and older-model Honda Civics — the model of the vehicle involved in the accident. She also told the court that she hasn't been able to ride her own bicycle since the collision.

She said her husband dropped off the truck for servicing before work on May 28, 2021, because she wanted to go to the camp that weekend. He hopped on his bike and set off for work when he was struck.

MacMillan said her husband was constantly doing things for others. He even sold his motorcycle to help pay for their boys to play hockey.

Submitted by Shelley Seaman
Submitted by Shelley Seaman

MacMillan said she now has difficulty making decisions without her husband's input and guidance, and her mother-in-law finds it difficult to visit their house without her son there.

In her victim impact statement, Philip MacMillan's mother Jeanne said she tried to "describe what two years in hell feels like."

In the weeks and months following her son's death, she said, she was overwhelmed by "sadness, pain and anguish."

"My heart was broken. My soul was crushed. I lost interest in everything that used to bring me overwhelming joy and happiness — my home, my garden, my family and my friends.

"Their support was overwhelming, yet I did not want to see them."

Submitted by Shelley Seaman
Submitted by Shelley Seaman

Jeanne said she was haunted by "visions which I could not shake. Visions of my son lying on the side of the road, bleeding and dying."

To help her cope with those visions, she trained her mind "to escape those tormenting visions" and picture him in a better place.

She learned to visualize a grassy field surrounded by trees and flooded in sunlight. Across the field, she pictured her son, straddling a log fence and smiling at her, his dimples visible.

"When things get tough, I go back to that field and meet him there."

When she was given a chance to address the court, a tearful Raeburn said, "I'm going to live with this for the rest of my life."

She ended with, "Overall, I'm just really sorry."