Friends and family of Amanda and Peter Clark filled the courtroom gallery on Tuesday morning as attorneys presented their closing arguments on whether a 19-year-old driver should be found guilty of dangerous driving in the collision which left Amanda a widow three months ago.
Crown and Defence Present Final Arguments
The judge heard both sides of whether Xzander Wright, charged in the hit-and-run death of crossing guard Peter Clark, is guilty of dangerous driving. The matter went to trial in June as Wright pleaded not guilty to dangerous driving causing death, leaving it up to Justice David Berg to determine whether Wright's decisions leading to the crossing guard's death should be considered dangerous. Wright had previously pleaded guilty in April to failing to remain at the scene of a hit and run.
As the Crown and defence delivered their closing arguments, Wright, wearing a purple long-sleeve button-up shirt, sat in the accused's box, often hanging his head or looking toward the ground.
Defence: A Tragic Perceptual Failure
The defence team, led by Lawrence Greenspon, called the case a “tragic perceptual failure, not a marked departure.” Greenspon argued Wright's behaviour constituted no unordinary steering, acceleration or braking, and that Wright never saw Clark walking into the intersection. He argued Wright's vision could have been obstructed by the sunlight or the windshield pillar of the truck.
“A critical point of Xzander Wright’s evidence is that he didn’t see Mr. Clark,” Greenspon said. “If he had, there is no doubt he would have braked.”
Crown: Wright Accelerated Despite Seeing Stop Sign
Meanwhile, assistant Crown attorney Julian Daller argued that Wright was looking down while he advanced, and continued accelerating despite feeling a light tap, seeing the hand-held stop sign on the hood of the truck, then feeling two large bumps under the wheels. The Crown contends this constitutes a marked departure from the standard of care expected of a reasonable person.
Crossing guard Peter Clark was struck and killed on the morning of March 23 at the intersection of Cedarview Drive and Kennevale Road in Barrhaven. Xzander Wright was arrested about 24 hours later.
Video Evidence Shows Collision
A three-and-a-half-minute video played during the trial showed the collision from across the intersection. The video shows the black pickup truck approaching the intersection and Peter jogging into the crosswalk in a reflective safety vest while holding a hand-held stop sign. The truck then makes a rolling stop before accelerating and striking Peter, running him over as the truck continued into the intersection and turned left. The truck continues several metres before stopping and making a U-turn and driving back toward the scene. A man gets out of the truck and takes a couple of steps toward the scene, before hesitating and returning to the vehicle and driving away.
Amanda Clark left the courtroom every time the video was displayed on the projector, her face red from crying as she wept quietly from the front row of the gallery while a family member stroked her back.
It’s now up to the judge to decide whether Wright's behaviour constitutes dangerous driving, defined in court as a “marked departure from the standard care expected of a reasonable person in the circumstances of the accused.”
