Accused takes the stand in careless driving trial

By Alejandra Pulido-Guzman - Lethbridge Herald on September 2, 2022.

LETHBRIDGE HERALDapulido@lethbridgeherald.com

A 55-year-old Lethbridge man accused of careless driving in regard to an incident that took place over two years ago, took the stand in his own defence on day four of his trial Thursday in Lethbridge provincial court.

Neil Martin Skjodt, 55, who was charged after 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.

In the afternoon of day four, Lethbridge lawyer for the defence Greg White called the accused to the stand as his only witness.

Skjodt recalled the incident and said he was leaving the parking lot after buying some groceries at No Frills.

He testified he stopped and looked east along Whoop-Up Drive, and since he was not in a hurry, he decided to stop before entering Whoop-Up Drive to allow vehicles he saw at the traffic circle east of his location to pass.

“In scanning the area from left to right, I saw those cars, I did not see any pedestrians or any other vehicles,” said Skjodt.

White asked him how far he was from the crosswalk when he performed this observation, and he said between 50 to 100 meters away.

Skjodt said from that area he could not see the west sidewalk as there was construction materials in the way. He said he was unaware at that point there was a sidewalk at all.

He testified he then proceeded to the intersection, and as he approached it he was checking for anything in his path after his initial inspection.

Skjodt said he stopped to let the cars he initially saw pass and then he began to move forward.

He said he was taken aback by something suddenly appearing in the front corner of his car in less than two seconds.

Skjodt testified he then heard a thump, and he did not know what to call it but he felt something outside of the car.

He said he was worried something hit the side of the car and checked his mirrors. At that point he said he parked his car with the tires facing the curb as he was on an incline.

It was then when he said he got out of his vehicle and noticed a man holding what appeared to be a body.

Earlier in the day the Crown concluded their portion of the trial by calling to the stand their last two witnesses, Lethbridge Police Service Const. Kristen Songer and Const. Brent Paxman, who the Crown sought to qualify as an expert witness capable of providing opinion evidence as an expert in the area of collision investigation, collision analysis and collision reconstruction.

Const. Songer testified about her role in examining the scene. She said she was responsible for making notes of her observations of the road conditions, about the vehicle, and reference points for the reconstruction report.

She said she filled out the Collision Reconstructionist Technical Investigation notes at the scene with Const. Paxman, while taking calculations and reference points regarding the roadway and the vehicle.

Const. Paxman testified to his observations of the scene, measurements he took at the scene and calculations he made, which he recorded in the Collision Reconstructionist Technical Investigation notes along with Const. Songer.

He testified that from information collected at the scene he was able to calculate the speed of the vehicle upon impact using three different formulas.

He said he determined the speed of the SUV to be between 18 and 23 kilometres per hour.

Paxman said that based on his examination of the scene he determined the area of impact to be in the crosswalk as there was three stains of what he believed to be blood on it.

During cross-examination White questioned Const. Paxman about the lack of photographic evidence of his determination of the point of impact, since the blood stains did not appear in any photographs taken at the scene.

White corroborated this by presenting JPG format photos of the crosswalk in question and zooming in to show the lack of blood on it.

The Crown is set to cross examine Skjodt today, and arguments and closing statements from both sides will be presented.