A hit-run driver with a “horrific” record who killed a traffic controller and seriously injured another at a road works site in Carrum Downs has been jailed for more than a decade.
Jason Mark Ruscoe, 31, pleaded guilty at the Victorian County Court to culpable driving causing death, causing serious injury, disqualified driving and two counts of failing to assist after a car accident.
It was a “grave example” of culpable driving – “protracted, irresponsible and appalling”, sentencing judge Robyn Harper said on 14 March.
“With a driving record as horrific as yours, a tragedy of this magnitude was only a matter of time.
“Your leaving the scene after seeing (the victim) lying lifeless on the road was cowardly and callous and bespeaks a breathtaking disregard for human life.
“It was shameful conduct that is difficult to comprehend.”
Only out of jail 10 days earlier, Ruscoe was reported driving erratically and dangerously shortly before the crash on Hall Road about 7.15am on 9 November 2021.
This included crashing into the side of a parked ute and straying onto the wrong side of the road in the path of an oncoming vehicle.
It should have given Ruscoe “ample warning that a serious collision was likely”.
Despite several sets of road-works signs including ’40 ahead’, Ruscoe sped towards the traffic controllers in the closed right-hand lane at 97-105 km/h in his red Commodore.
Even after hitting the brakes, he was estimated to be travelling at least 75 km/h on impact.
Ruscoe fatally struck Timmy Rakei, crushing him between the back of his work ute and the Commodore and propelling him forward onto the road.
Shaun Kilmartin, who was outside on the ute’s passenger side, was also struck and suffered a broken leg. The workers’ ute was projected 17 metres into a median strip tree.
For several minutes, Ruscoe stayed in his car, talking on his phone. When he got out, he looked briefly behind him at the crash scene including Rakei lying on the road.
Instead of helping, Ruscoe – who was a disqualified driver and on a community corrections order – walked away.
He burnt his clothing in Baxter Park to “distance himself” from his deadly act.
“Your flight from the scene further impeded police from taking blood samples from you,” Judge Harper said.
She noted that “Timmy Rakei was clearly a much-loved man whose death has impacted many people”. An innocent bystander in the wrong place at the wrong time, she said.
Rakei’s partner told the court how their daughter still sends Rakei text messages “asking if he’s OK and if he misses her and tells him that she misses him”.
“I just cry reading the messages, especially because I know she’s waiting for that message to appear as ‘seen’ and we know that will never happen.”
An employer spoke of the “hole in the hearts of so many”.
The injured Kilmartin told of seeing his colleague dead on the road while fearing that he would also die and be unable to see his children again.
Judge Harper noted Ruscoe’s guilty plea but found “absolutely nothing” in the way of remorse.
“You proffer no explanation for your offending, no explanation of how or why it happened and there is no evidence of any insight into your conduct.”
As an adult, Ruscoe had smoked and injected meth daily. And used heroin to “come down”.
In the past, he’d stated his offending was due to substance use but gave no such explanation in this case.
Ruscoe had been imprisoned for all but 52 weeks of the past 11 years. When out, he’d lived a “transient lifestyle” and abused drugs.
He was facing his 11th unlicensed driving charge, with priors for dangerous driving, drug and dishonesty offences.
With “poor” rehabilitation prospects, Ruscoe was told “hopefully the consequences of this matter will resonate with you”.
Ruscoe was jailed for up to 16 years and three months, while eligible for parole in 10-and-a-half years.
His term includes 644 days in pre-sentence detention.
