Defence Lawyer, Ron Ellis, talks to the media after Day One of the Costco Crash Trial.
A trial that was allotted five days only had to take two of those.
Ruth Burger, who is facing two counts of criminal negligence causing death and two counts of criminal negligence causing bodily harm, took to the stand today.
She says her foot got caught underneath the brake. She told the court that she wiggled and wiggled her foot to try and free it, but it was unsuccessful. As she started to cry, she recalled knowing that her foot wasn’t coming out and yelled “Oh no, oh no, oh no!” as the car started to reverse towards the entrance of the Costco.
She told the court that she knew her foot was caught and it was not coming out.
“I don’t know how it happened, I don’t,” Burger told the court.
She agreed to a statement from the Crown that her car would have moved if she had it in reverse and didn’t touch the gas or brake. She says she applied “just a touch” on the gas and that she never “coasts” out of a parking space.
Ball believes Burger had more options than what she did leading up to the crash.
He told the court that she could have done actions like; using the brake, put the car into neutral, honk the horn or swerve the car to avoid as much as possible.
Burger said that both of her hands were occupied at the time. One was on the wheel and the other on the passenger side seat while she was looking back while reversing.
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The Crown and Defence also made their closing statements.
The Crown’s Fraser Ball argued that the parking lot and weather had good conditions. Ball says she should have been well aware of the caution she needed to use in the parking lot. He also made note that she was going almost the same speed as the default speed in London (50 km/h, Burger was going 46 km/h) and traveled 58.7 meters from where the she was parked until she smashed into the back of the Costco.
Ball ended his statement saying “there was no plan here and that is not simply good enough.”
Defence Lawyer, Ron Ellis, made his closing arguments after a quick recess.
He says that Burger did everything in her power to try and avoid this accident.
Ellis argues that Burger ran out of time and space. He noted that a lot of the possible reactions can easily be forgotten when you’re in an emergency situation.
He said “this was a traumatic event for all.”
He argued that Burger is a good citizen and has been for many years. “Ms. Burger is a safe, prudent and proper person.”
He also said “the impossible is possible and the unforeseen events materialize.”
It was on July 25, 2015 when Danah McKinnon-Bozek, was hit by the vehicle. She was eight months pregnant at the time and was entering the Costco store with her daughters 6-year-old Addison Hall and 3-year-old Miah Bozek.
Danah gave birth to her daughter through an emergency c-section on July 25. Although, Rhiannon Bozek died a week later in hospital.
Six-year-old Addison Hall suffered severe head trauma and died three days later in hospital. Her organ donations helped save the lives of four people.
The Judge will give his verdict on June 19 at 9:00 AM.
