A Windsor man was found guilty Friday of five careless driving charges in a multi-vehicle crash that killed two people west of Chatham two years ago.
A Windsor man was found guilty Friday of five careless driving charges in a multi-vehicle crash that killed two people west of Chatham two years ago.
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Justice of the peace Kelly Jackson issued her decision Friday in provincial offenses court near Blenheim.
Brett Iler, 30, had pleaded not guilty to two counts of careless driving causing death and three counts of careless driving causing injury in the May 27, 2022, crash that killed Jamiee Doyle, 28, and Nigel Sedge, 29.
“Any reasonably prudent driver would’ve remained in their own lane,” Jackson said in her ruling, adding there was no outside causative factor or hazard on the road at the time.
Four vehicles collided on an S bend near Dillon Road during a RetroFest cruise in which hundreds of classic cars were traveling west on Queen’s Line (formerly Highway 2).
Iler took the stand in his own defense Oct. 11. He was driving eastbound on Queen’s Line and testified he recalled coming up to the first curve in the S bend, veering and then straightening his vehicle.
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Yawning and momentarily closing his eyes while driving into the bend was one of the last things he remembered.
But Jackson said that wasn’t a satisfactory excuse, adding there is nothing involuntary about closing one’s eyes while yawning.
“This court found that it would not be reasonable for a person to veer into the oncoming lane of traffic against a solid double-yellow line unless there was a necessary reason,” she said. “Simply put, the yawn is not a necessary, good enough, or even adequate reason to cross into oncoming traffic.”
The justice of the peace noted she didn’t find Iler’s testimony credible and called his memory “convenient,” given how he was able to recall the yawn, but not other key details.
“This makes very little sense to the court,” Jackson said.
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In his October testimony, Chatham-Kent police Sgt. Jason Herder, an accident reconstruction expert, determined Iler’s eastbound 2013 Ford Escape veered 1.2 meters into the westbound lane on the bend near Dillon Road, striking a 1987 Chevy pickup.
The impact flattened the SUV’s left front tire, resulting in the Ford Escape rotating counter-clockwise and moving farther into the westbound lane, where it struck a 1950 Buick sedan, occupied by Sedge and Doyle, who died at the scene.
The other three passengers in the Buick sedan were hurt and had to be freed from the vehicle.
It was revealed during Herder’s testimony that Iler was neither impaired by drugs or alcohol nor distracted by using his cellphone at the time of the crash.
Crown lawyer Ryan Iaquinta previously stated the case met the test for careless driving, noting weather wasn’t a factor, and there were no visual obstructions or mechanical issues.
Iler sat quietly beside his lawyer, Alexandra Cardella, as Friday’s decision was rendered. Several victims’ relatives were also in attendance.
Iaquinta requested a return date of Jan. 8 to set a date for a sentencing hearing, possibly in March, when victim impact statements will be submitted.
With files from Ellwood Shreve
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