Justice for Andy Nevin: Appeal of Decision in hit-and-run case
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In Ottawa, at the Ontario Superior Court of Justice in October, 2018 - over 3 years after killing my son Andy Nevin in a hit-and-run collision - Deinsberg St.Hilaire confessed the following:
He was driving 80 km/hr in a 50 zone on Leitrim Road; he fell asleep for the next 200 metres before the collision; was heading home after admittedly being awake for over 22 hours; and driving for over an hour, after having been at his brother’s wedding reception all night.
An OPP expert proved that St. Hilaire was driving more than a metre (half his truck width) across the fog line when he hit my son riding his bike in his designated lane. A scientist in video analysis proved that St. Hilaire was over the fog line as far back as 200 metres before the collision, but corrected himself part way along before veering back into the bike lane. (Hence, he woke up momentarily.)
St. Hilaire says he was woken by a ‘bang’, but didn’t think he’d hit anything. His truck’s hood was bent, as was his side panel. His front light assembly and bug guard were shattered. He admitted that he inspected his truck 10 minutes later when he got home, even ordered new lights for it that day.
According to the collision reconstructionist, the ‘bang’ he heard would have been the body of my son first wrapping onto his hood, then launching forward over 19 metres, before his shattered body came to rest in the ditch ahead. A neighbour two houses down and well set back from the road heard a loud bang, and rose from his bed to investigate.
St. Hilaire was then seen by a driver, who was coming the other way, fishtailing through a red light. She testified that she saw the panic on his face as he fled the scene. The scientist proved that he accelerated from 45 to 110 km/hr in just the first 100 metres after the light, making a speedy getaway.
Shawn Nadeau, the owner of the garage that fixed his vehicle, testifies that St. Hilaire confessed to him that he was driving the vehicle that killed my son. He said ‘Dein’ told him that he had been drinking, said he was very tired, and that his brother Che Esprit pressured him to drive him home.
Unbelievably, the judge found him Not Guilty of Dangerous Driving causing Death and Not Guilty of Leaving the Scene of an Accident causing Death.
These decisions not only rob Andy of his Justice; but lower the legal bar to the extent that in the future, drivers in such collisions across Canada will be better served by fleeing the scene, rather than helping their victims. We ask you help in demanding that the A-G review the case and the decisions.
Regards, Kerry Nevin (Father of the Innocent Deceased)
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