Father of young victim testifies as careless driving trial begins

By Alejandra Pulido-Guzman - Lethbridge Herald on August 30, 2022.

LETHBRIDGE HERALDapulido@lethbridgeherald.com

The five-day trial for a case involving a young Lethbridge boy killed after he was struck by a vehicle more than two years ago, began Monday in Lethbridge provincial court.

Last week, the autopsy report of Charles McIntyre was not allowed to be entered as evidence during the trial this week as ruled by Judge Timothy Hironaka, as the accused, Neil Martin Skjodt, was charged with careless driving and not careless driving causing death.

Two witnesses took the stand Monday during the first day of the trial.

Skjodt, 55, was charged after the 10-year-old boy, Charles McIntyre, was struck and killed by a motor vehicle April 13, 2020. An SUV turning right onto Whoop-Up Drive near Aquitania Boulevard struck two young boys crossing in the crosswalk with their father. The older boy died in the hospital.

Skjodt pleaded not guilty several months later to a single charge of careless driving under the Traffic Safety Act. He was charged under the Act rather than the Criminal Code after investigating officers determined the incident was not a criminal offence. The charge allows for a maximum fine of $2,000 or six months in jail, or both, and possibly licence suspension.

During the trial on Monday, the Crown stated their intent to call evidence over the next few days from 11 police officers who attended the scene of the incident and dealt with the accused and who took photographs and videos. They will also call evidence from five civilians, who were eye witnesses, the medical examiner and a police officer as an expert in collision investigation and collision analysis reconstruction.

The Crown’s first witness was Kimberly Harder, who said she was asked to testify on what she saw while she was travelling in a vehicle going west on Whoop-Up Drive the day of the incident. After being questioned about the incident by the Crown in the morning, she was cross-examined by the defence, Lethbridge lawyer Greg White, in the afternoon. While being questioned she was shown a surveillance video from Original Joe’s restaurant which was presented by the Crown.

After Harder, the Crown called Lee McIntyre to the stand, who was questioned about the incident. McIntyre, who is the father of the boy who died as a result of the incident, recalled what happened to his son during a very emotional testimony. He told the court his son was struck by the SUV and the front passenger tire ran over his back and head. While he was on the stand he could not hold back his emotions, and his wife who was present in the court room, was sobbing loudly surrounded by family members who were trying to console her.

McIntyre was also cross-examined by the defence. White asked him about his son Charles’ height. McIntyre told White that he was not sure as it had been over two years since his son’s death and he could not recall his height at that point. After the defence finished cross-examining McIntyre, the trial concluded for the day.

Today, the Crown is expected to continue questioning witnesses starting with one police officer who had taken photographs at the scene and three civilian eye witnesses.

The Crown said that if at that point they have time, they will bring one or two of the remaining police officers. The Crown plans on having the medical examiner testify on Wednesday morning via video conference and is hoping to wrap up their portion of the trial by Thursday at noon.

After the trial was done for the day Charles McIntyre’s aunt Kara Dyer spoke to the media outside of the courthouse and said the family felt a huge sense of relief that the trial actually started, as they thought it was going to be adjourned.

“We didn’t think it was gonna go, we figured that there would be another adjournment for another reason, so there was a big relief and just glad that we can finally see movement on the trial,” said Dyer.

She said the lack of movement on the case prior to Monday was a constant weight on the family’s shoulders. The family and friends present at the trial were wearing green shirts that showcased a heart made of Charles’ fingerprint and angel wings. “Charles’ favourite colour was green so we focus on that,” said Dyer.

She said they need closure, and for justice to happen for Charles. She added that what they need for closure is mostly recognition of the incident happening.

“That the incident, the accident however you call it, it happened and to take responsibility for that. Or have the courts because he won’t take responsibility at this point with his not guilty plea, that’s a fact, so that the court provide that closure in a sense,” said Dyer.

– with files from Delon Shurtz

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