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"I knew all along he was guilty"

Widow weeps as man found guilty of drunken crash that killed her husband

Tanya Gaston has been counting the days since she lost her husband Geoff, a New Tecumseth worker who struck and killed while painting road lines in downtown Alliston.

On Tuesday, a Barrie judge found Marcello Fracassi guilty of impaired driving causing death in the June 2014 crash that claimed Gaston's life.

"It's been 864 days today since he killed my husband, their dad," she said, standing outside the courthouse with her two sons.  "I knew all along that he was guilty. It felt good to see the cuffs put on his hands."

Fracassi's wife Rachel let out a loud sob as the father of her four children was handcuffed, led out of the courtroom and taken off to jail.

Fracassi had been free on bail and pleaded not guilty to charges including impaired driving causing death.

At trial, the defence argued Fracassi suffered from a sleep disorder and claimed he was "sleep driving" when he struck Gaston and left the scene.

Justice Cary Boswell rejected that notion and instead found an intoxicated and fatigued Fracassi fell asleep at the wheel. 

Court had heard Fracassi's blood alcohol level was more than twice the legal limit three hours after the crash.

"I concluded Mr.Fracassi did not know he had been involved in a collision," Boswell said. "He was startled awake by it."

As for Fracassi's memory loss, the judge found it was due to an "alcoholic blackout."

The judge ruled that Fracassi "had virtually no credibility" because he lied to the police and under-reported his drinking to sleep experts.

He said the evidence of Fracassi and the three friends he partied with the night Gaston was killed was "untrustworthy" and "not reliable."

Tanya Gaston says it would have helped her family immensely if Fracassi had pleaded guilty from the beginning. 

"You're not dragging my family through this for 864 days," she said. "You're owning up to what you did and you're accepting responsibility and not blaming it on, first of all my husband and then some sleep disorder.

Her son Josh, 21, was relieved Fracassi is now in jail after bail was revoked.

"It's going feel a lot better being out there in the public and not worrying about running into him," he said. 

His brother Tim, 18, felt justice was served for his dad.

"I don't go a day without thinking of him," he said. "My dad was the best man you could ever find."

The Fracassi family and a large group of supporters left court without comment. 

Fracassi's sentencing is set for Dec. 21.