An Amherstburg man has been found not guilty in a crash that claimed the life of a father of four children who was skateboarding to work.
Brandin Crosier, 24, had been charged with criminal negligence causing death after he struck Adam Pouget on a foggy morning in November 2016.
He was also found not guilty of the lesser offence of dangerous driving causing death.
During the trial, court heard Crosier was on County Rd. 18 in Amherstburg when he moved into the oncoming lane to pass another car and struck Pouget who was skateboarding on the road.
Justice Sharman Bondy concluded it was a ‘momentary lapse of judgment’ and was a misjudgment in poor visibility.
“It is tragedy and I really feel bad, it was an accident,” said Crosier outside of the courthouse following the ruling.
Assistant Crown Walter Costa referred to the decision as the most disappointing decision in his 30 year career.
“I disagree with it,” he says. “It is not an appropriate judgment. She said there was no problem with his driving up to the point when he passed so then how did he catch up to a vehicle that was already doing 82km/hour.”
Crosier’s lawyer Pat Ducharme says it was a mistake but an understandable mistake. “Brandin, I know and all his family members knows, of course that this was a tragedy, that there is a life that has been lost and that’s not lost on us. We hope the family come to accept the decision.”
Assistant Crown Walter Costa argued Crosier was driving blind in the fog when he decided to pass.
“She [Justice Bondy] found that the fog wasn’t that bad, but even he said in his own statement he couldn’t see ahead of himself so with the greatest of respect, I disagree. This is a tragedy in so many ways.”
The charge of criminal negligence causing death does carry a prison term.
After the decision, members of the Pouget family including his widow began to cry in court.