Crown drops charge in fatal crash

Following a day in which defence lawyers poked holes in its medical expert’s evidence, the Crown won’t proceed with the most serious charge against two motorcyclists involved in a fatal crash.

Prosecutor Frances Turner said she will not argue [the accused] are guilty of criminal negligence causing the death of [a] Calgary senior. Instead, Turner will argue the pair are only responsible for injuring [the victim], who died after being struck while crossing 17th Ave S.W. Both [the accused] are accused of racing from a red light along the busy road on May 9, 2005, when [the accused] struck [the victim]. [the victim] died nine days later in hospital after being taken off a respirator, following the discovery of terminal cancer in his lungs. 

Pathologist Dr Sam Andrews testified injuries noted on an emergency room medical report, combined with the cancer and mortal pulmonary disease, caused the victim’s death. Turner will argue the two men are guilty of criminal negligence causing bodily harm for a broken leg and the two other fractured ribs suffered by [the victim].

The case returns to court this morning.

2008-02-13
Calgary Sun
By: Kevin Martin