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N/A | National [Canada] Texting driver kills rider and is let off for a "moment of inattention".

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by robsalvv, Mar 15, 2013.

  1. ....some days, I just want to stop the world and get off. Fark me.

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    Barrie man killed in crash that also left several friends with serious injuries

    By Tracy McLaughlin, Special to QMI AGENCY
    Thursday, March 7, 2013 5:39:53 EST PM

    Christopher Sprecker (SUBMITTED)

    NEWMARKET - A Newmarket court erupted in tears and anger on Thursday after a man accused of texting while driving and killing a motorcyclist was found not guilty.

    Michael Rogers, 24, of Oshawa, was on trial for dangerous driving causing death and three counts of dangerous driving causing bodily harm in a horrific accident outside Orillia on July 4, 2010.

    Christopher Sprecker, 55, was out for a motorcycle ride with several of his riding buddies, heading northbound along Highway 12, when he was killed while out for a sunny afternoon drive. Sprecker was hit by Rogers' BMW and his leg was severed in the crash.

    Three other riders — David Yeoman, Robert McEachern and Peter Campagna — ended up with serious injuries. All are Barrie residents and members of the Southern Cruisers Riding Club, which has raised significant amounts of money for grieving children.

    Crown attorney Dave Russell argued that Rogers was looking at a text message on his cellphone as he swerved out of his lane into the path of the riders.

    Defence lawyer Lydia Riva argued Rogers committed no crime, but rather the tragic incident was a “moment of inattention,” and not an act of dangerous driving as defined by the Criminal Code.
    In the end, Justice Cory Gilmore agreed with the defence, and could not find beyond reasonable doubt that Rogers was criminally responsible, and he walked away from court a free man.

    As the verdict was announced, Sprecker’s daughter and other family members and friends burst into tears.

    Yeoman, a local mortgage broker who still suffers from extensive injuries from the crash, says he was outraged at the verdict.

    “This guy crossed the centre line and killed somebody. How do you drive on Canadian highways and get away with that?” he said.

    Yeoman described the crash that day as a “horror story,” when he watched his friend die. He said he was next in line to be hit by Rogers’ vehicle, and he slid 40 metres along the road, causing his entire body to become scraped so badly that he was in bandages for 92 days and still is in physiotherapy, as are the other men.

    “I was literally shredded. I walked around like a mummy for months,” he said.

    Campagna was the next man down, and his foot was so badly broken that it was twisted in the other direction, requiring several surgeries and he will have to walk with a cane the rest of his life.
    McEachern veered and crashed in the ditch and suffered two dislocated shoulders.

    Yeoman said he was baffled when he and his friends sat in court and heard the verdict.

    “We could barely hear the judge, she practically whispered,” he said. “We all looked at each other and we couldn’t believe it.”

    He said the day started as a beautiful sunny afternoon ride through country towns. “We all had ice-cream in Kirkfield. … The next thing you know we were shredded all over the road.”

    The officer who worked on the case, OPP Const. Trina Gosse, she she was also disappointed with the verdict.

    “It is troubling when you see so many people injured,” Gosse said. “The deceased’s daughter was crying pretty hard.”

    She noted that even Rogers admitted he had been using his cellphone while driving that day, however the judge could not find beyond reasonable doubt that he was using it at the time of the crash.

    Gosse said this was her first case involving an alleged texting while driving causing death. “But sadly, it is not all that uncommon," she said.


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    • Like Like x 2
  2. An epidemic of unlawfull killing without penalty it seems.
  3. If the daughter put an axe right between that driver's ears I wouldn't see a thing.
  4. Many years ago my, now, ex brother-in-law was a in the Vic Police. He once told me that if I wanted to kill someone and pretty well get away with it, simply run them over with a car. I scoffed, but it seems he was right.
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  5. It makes me sick to admit it, but he had a point.
  6. Thats just totally shit!
  7. So if the daughter did the same and mowed down texting driver in a bigger truck while texting due to " a moment of inattention" would she get the same result in court???
  8. I hate it, but likely the judge didn't have much choice. I assume that a dangerous driving charge has some pretty specific requirements, and even though the outcome was out of proportion to the action, this probably was 'a moment of inattention'. don't get me wrong - I don't for one moment support this, but I can understand how the verdict may have come about
  9. Almost certainly not. :(

    You know, there are times when Sharia Law makes sense to me.

    In this case for instance..... don't stuff about with a court, take the bugger out and stone him.
    • Like Like x 1
  10. As much as the pratt deserves revenge, without due process you have nothing but animal vengeance. Once you take away the right to a fair trial all of society loses ... even if the courts get it wrong sometimes.

    I very much doubt the driver would have got off so easily here. Our courts are much less tolerant of mobile phone shenanigans than the Nth American continent mobs.
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  11. really? you think so?
  12. A touch of animal vengeance, every now and again, won't do any harm.

    The "due process" system, the "fair trail" bit, so often seems to descend to how much "justice" (snicker) you can afford.

    Sadly, I don't share your confidence. :(

    A poor person, who lives in Mt.Druit, yup, they probably wouldn't get away with it, but a rich person with a harbour side address.......
  13. Or this British lord.

    Found guilty of killing a motorist while texting, released from jail after 16 days because prison interrupted his 'charity' work. And he's still not happy - blames his jailing on a jewish conspiracy.

    • Like Like x 1
  14. Nobody wins here.
  15.  Top
  16. #16 tony749, Mar 15, 2013
    Last edited: Mar 15, 2013
    Sharia has different rules for different folk, based on whether the person venerates a certain 7th century celebrity or not. The only punishment sharia would mete out is maybe order the victims family to compensate the Lord for inconvenience and damaging his car.

    That is why his lordship went to Pakistan to act all high and mighty about his unfair punishment. Back in the UK the Labour party want to nail his balls to the wall for being such an ass about it.
  17. you missed the part where the driver hit motorcycles. killing motorcyclists and being let off seems to almost be a national pass time here in Aus. (maybe a little cynical, by you get my point...)
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  18. Oh, so Sharia Law also depends on who you are, who your mates are and how much money you have.

    Why am I not really surprised.

    Stone him anyway!
  19. I can usually understand soft verdicts on "moment of inattention" accidents. But I don't think veering to the other side of the road counts. Most of us will go our whole lives without being so reckless. This should be dangerous driving whether someone is hurt or not.
  20. Sounds like they couldn't prove he was texting at the moment of collision. Regardless, not paying attention and wiping out oncoming traffic sounds like dangerous driving causing death to me.
    • Like Like x 1