Crown Argues Amherstburg Man Was Driving Blind
Closing submissions have been heard in the trial of an Amherstburg man charged with criminal negligence causing death.
The crown has argued that 24-year-old Brandin Crosier was reckless when he drove his vehicle at 112km/hour in an 80 zone trying to pass another car, during the early morning hours when it was dark out and in thick fog.
Crosier struck and killed 30-year-old Adam Pouget who was skateboarding to work on County Rd. 18 in November 2016.
Assistant Crown Walter Costa told the court that Crosier created a dangerous situation which culminated in Pouget's death and if he had complied with the law, the collision would not have taken place.
"Visibility was non-existent," argued Costa. "He was driving blind and couldn't see ahead of him."
But the judge questioned whether it was reasonable for Crosier to expect to come across a skateboarder while passing another car.
Defence attorney Pat Ducharme did not call any witnesses in his case.
He pointed out that the charge requires there be a "wanton and reckless disregard for the life and safety of others" and this case does not meet that standard.
Ducharme argued the situation doesn't even meet the legal test for dangerous driving.
He argued that at the time and place of the crash, a reasonable driver would not have anticipated a skateboarder in the middle of the oncoming lane.
Ducharme says the law requires the court to decide on cases based on the driving and not the consequences.
The judge has the option of finding Crosier guilty of criminal negligence causing death, not guilty or guilty of the lesser charge of dangerous driving causing death.