Man loses bid to have charges dismissed
2 kids killed, 1 badly hurt
A father who crashed his minivan into a train, killing two of his children, will testify in his own defence Thursday after losing his bid to have the criminal charges against him dismissed.
“My client wants to get up and tell his story,” defence lawyer Laura Joy said Wednesday outside the courthouse after learning the trial will continue.
“He loved those children with all his life.”
Andrew Williams, 31, is charged with two counts of criminal negligence causing death, one count of criminal negligence causing bodily harm and four counts of dangerous operation of a motor vehicle in relation to the June 10, 2012, crash on Strong Road in Lakeshore.
His daughters, Wynter, 6, and Brooklyn, 3, died in the crash. Son Dryden, then 4, suffered a broken leg and has permanent brain damage, court has heard. Jasmyn, then 1½, suffered only minor injuries.
After the prosecution wrapped up its case, Joy Tuesday brought what’s called an application for non-suit.
Such an application asks the judge to dismiss the case on the grounds that the Crown did not present any evidence to support the charges.
Superior Court Justice Kirk Munroe, who is presiding over the Williams case, dismissed Joy’s application.
Munroe found there is evidence to support each of the seven charges for which Williams is on trial. But, he stressed, he was not weighing that evidence.
“At this point in the proceeding, I make no finding of fact,” Munroe said.
Joy conceded the application for non-suit was “a long-shot.”
“I’m not surprised,” she said after Munroe dismissed it.
But, she said, Munroe’s ruling is in no way an indication that Williams will be found guilty.
“He’s not looking at the quality of the evidence, the credibility of the evidence, the reliability of the evidence.”
The trial has heard Williams was driving southbound on Strong Road when he began to fishtail. He had the window down and the radio on.
Williams had an unobstructed view down the tracks and a camera on the front of the train showed he was looking in the direction of the train right before impact.
There has been a suggestion that Williams was trying to beat the train.
The tires on the van were bald and no one can say for certain whether the rear brakes were working.
Court has heard Williams has brain damage from the crash. Joy said Williams will testify to his lack of peripheral vision resulting from getting kicked in the head by a horse when he was younger.