It meant a long commute every day from Orangeville, but the 48-year-old didn’t complain. His family members remember him proudly showing off his new uniform and equipment the night before an early morning accident claimed his life on his way to work.

“Two weeks later, I had to return that same box of clothes (to Canada Post),” said Michael’s father, Ramsay McDonald, in an emotional victim impact statement given Monday at a sentencing hearing at Superior Court of Justice in Milton.

Justice Michael Quigley sentenced former Milton resident Alvaro Diaz, 23 — who had previously pleaded guilty to dangerous driving causing death in the incident — to a conditional sentence of 22 months, of which the first 11 months will be spent under house arrest; he’ll be permitted to leave only to go to work.

Terms of the conditional sentence include that Diaz not drink, take any illegal drugs and that he keep the peace and go to counselling as directed. He also received a two-year driving prohibition.

He won’t spend any time in jail.

The courtroom was filled to capacity with about a dozen of Michael’s family members and another dozen of Diaz’s.

It was on February 2, 2007, that the nightmare unfolded. Just before 3 a. m., the Toyota 4Runner that Diaz was driving crossed the centre line into the path of the Toyota Tercel being driven by Michael on Regional Road 25 near No. 5 Sideroad.

In addition to dangerous driving causing death, Diaz was charged with drinking and driving causing death and having over the legal amount of alcohol in his blood; the latter two charges were withdrawn.

Along with Michael’s father, victim impact statements were read by his two children, Jessica and John, both in their twenties, as well as his mother, Molly, and his sister, Pam Lyons.

Soft sobs could be heard in the body of the courtroom as the individuals detailed how their lives had been torn apart.

In a broken voice, Ramsay said a father shouldn’t have to bury his son.

“Michael’s death has left a hole in my heart that will never heal,” he told the court.

Molly propped up a framed photo of her eldest son and said she wanted Diaz to get a good look at him.

“That’s who you killed,” she said pointedly.

In her statement, Lyons said she didn’t wish any harm on Diaz and that she hoped he’d use any community service imposed to help educate other drivers.

Jessica spoke of not having her father to walk her down the aisle or dance with at her wedding, while John spoke of Christmas memories with his father, who never disappointed him.

“My father was there for me wherever and whenever I needed him. Losing him, I lost much of myself,” he said.

Crown attorney Andrew Goodman and defence lawyer Mary Cremer were on the same page when it came to the sentence they were seeking; Goodman asked for a conditional sentence of 20 to 24 months, while Cremer asked for one between 18 and 24 months.

Goodman told the court he was concerned about an apparent lack of remorse from Diaz discussed in his pre-sentence report.

But when it came time for Diaz to address Michael’s family, he seemed overcome with emotion.

“Since the accident, every day feels like an eternity,” he said. “This whole situation has been a never-ending nightmare for everyone.”

He then broke down sobbing, followed by his father in the front row.

“No penance can ever turn back the hands of time… and the suffering I’ve caused,” Diaz said, collecting himself.

Quigley also imposed 240 hours of community service and said he took into consideration that Diaz didn’t have a prior criminal record.

Speaking to the victim’s family, the judge assured them a conditional sentence didn’t mean “a day at the zoo” for Diaz.

Diaz has been living with his mother in Burlington. He’ll now live under his father’s supervision in Oakville. His girlfriend will give birth to their first child in January.

Quigley told the victim’s family he hopes they’ll be able to move on with their lives. He added the thinks Michael would have found a way to forgive Diaz.

“I hope sincerely that with the passage of time and the end of these proceedings that you may achieve some sense of closure and come to experience some peace,” he said.

Outside the courthouse, Goodman said no sentence could ever bring Michael back.

Cremer echoed that sentiment.

She said two of the charges were dropped because “the Crown couldn’t prove Mr. Diaz had alcohol in his system over 80 mg.”

She added there was no evidence of erratic driving before the collision and said Diaz maintains he fell asleep at the wheel.

“This was a young college student who was driving home one night and got into an accident,” she said. “He had a bright future ahead of him.”

The McDonald family declined comment.

In a written statement, the Diaz family said they offer their deepest condolences to Michael’s family and said they’ll do their best to help educate the public about such tragedies and how easily they can happen.

“A part of our life died as well with Mr. McDonald,” they wrote. “Our lives have been affected by this tragic event forever.”

Diaz was also charged with Highway Traffic Act offences of driving with alcohol above zero with a G2 licence and using unauthorized licence plates. In Ontario Court of Justice, also yesterday, Diaz pleaded guilty to the former offence and will pay a $110 fine. The latter charge was withdrawn by the Crown.

Stephanie Hounsell can be reached at sthiessen@miltoncanadianchampion.com .