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Deinsberg St – Hilaire arrives at the Ottawa Courthouse with his family on November 2, 2018.
Jean Levac / Postmedia News
Deinsberg St-Hilaire was found not guilty of dangerous driving causing death and not staying on the scene after cyclist Andy Nevin was hit by the St-Hilaire truck early in the morning of June 28, 2015.
Judge Catherine Aitken delivered the ruling on Friday after the closing of the pleadings of Crown Attorneys Lisa Miles and Julian Daller and St-Hilaire defense lawyer Eric Granger.
St-Hilaire testified in tears for his own defense during the trial without a jury, telling the judge that he had "inexplicably" fallen asleep while he was speeding on Leitrim Road at 80 km / h, 30 km / h more than the posted speed limit. was awakened by a loud bang.
The Crown characterized "as improbable" the fact that St-Hilaire alleged, as he had done in cross-examination, to have nothing to fear when he had fatally hit Nevin, who had was projected into the ditch while the steel structure of its pbadenger side wheel.
St-Hilaire testified that he had noticed that his truck was about one meter above the fog line and on the paved shoulder when he woke up and baderted that he saw "nothing wrong "while he checked his rearview mirror and continued to roll.
At the close of the proceedings, St – Hilaire 's attorney stated that the Crown had presented "limited evidence" of dangerous driving leading to the collision. St-Hilaire did not go beyond the "momentary lack of attention" when his truck fell on his shoulder and fatally hit Nevin.
Crown Attorney Lisa Miles said "St-Hilaire's carefully written testimony sounded wrong".
He denied having drunk the night before the fatal accident, claiming that he had consumed a single glbad of wine "for toasting purposes" while serving as the best man at his brother's wedding.
The reception at the Tudor Hall ended around midnight when St-Hilaire brought family members back to his mother's house in Barrhaven, where the afternoon continued until the early hours of the morning.
St-Hilaire recovered his white Ford F-250 from his brother, who was nearby – he and the rest of the wedding limousine earlier in the evening – and said he did not feel tired at flying around 4:45.
He slammed Nevin on his bike shortly before 6 o'clock.
The Crown stated that St-Hilaire was "occupying it" when it was sighted shortly after the accident by motorist Alison Reaume, who would later testify at the time. trial that she had seen the truck light a red light and a "fishtail". A sharp left turn on Albion Road.
Prosecutors suggested that St-Hilaire had drunk more than the glbad of wine that he claimed, and that was his real motivation to flee the scene.
St-Hilaire had already pleaded guilty following a related charge of obstructing the police.
Judge Aitken will set a sentencing date for the charge of obstruction in January.
Miles said the Crown would seek a prison sentence.
More soon
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