VIDEO: Fatal Hit and Run Plea in Windsor Struck Down

A guilty plea has been struck down in a fatal hit and run in Windsor which resulted in the death of an elderly woman.

Back in November 2018, 43-year-old Matthew Pilon pleaded guilty to failing to stop at the scene of an accident causing death.

But during his sentencing hearing on Tuesday, Pilon stood up in court and said, "I don't recall hitting the woman."

A key element of the charge is that an accused knowingly was involved in an accident with another person.

Margaret Kearns, 72, was crossing the street at Tecumseh Rd. East and Kildare Rd on January 18, 2016 when she was struck by a black pick-up truck.

She was taken to the hospital with serious head injuries and died 12 days later.

Pilon turned himself in to police headquarters a few days after the incident.

Pilon told the court he felt the truck move and thought the tire had hit a curb.

"He didn't recall having been in an accident that day," said Pilon's defence lawyer Frank Miller outside of Superior Court. "That being the case, that's a necessary element which is not admitted and it precludes the judge legally from entering a conviction."

Court heard after being struck, Kearns went up in the air and landed on the hood near the grill.  She was dragged about six feet.

Miller says his client had been facing a jail term of between three months and one year.

As a result of the plea being struck down, the case now proceeds to trial where a date has yet to be set.

The family of Margaret Kearns was in court for Tuesday's proceedings, but did not want to make a comment on the turn of events in court.