A young driver who acted in a “reasonable” manner because he feared for his safety when his vehicle was being swarmed by numerous attackers, was acquitted of two driving charges on Thursday.
Red Deer Court of Queen’s Bench Justice Paul Belzil ruled that Sean Alan Woods, 20, of the Clive area, didn’t have a legal alternative to leave the swarming scene at a residence in Eastview on Oct. 2, 2009.
Woods was charged with dangerous driving causing bodily harm and failing to remain at the scene of a collision.
Belzil said it was most unfortunate that a girl, who was 15 at the time, suffered a badly broken leg when hit by Woods’ vehicle, but the accused feared greatly for his safety and the safety of two passengers.
After Crown prosecutor Jason Snider gave his closing argument, Belzil told defence lawyer John MacNaughton he didn’t need to hear from him.
Woods testified he didn’t know he struck the girl and a passenger in his vehicle also wasn’t aware the girl had been hit.
The trial heard that seven or eight people were punching, kicking and yelling at people in two vehicles at the outdoor house party.
The other vehicle had five people but managed to speed off shortly after one of its passengers was punched several times in the face through an open window and suffered a broken nose and other cuts.
Several witnesses testified the attackers punched and kicked both vehicles while attempting to get at the occupants.
Nick Stanley, one of Woods’ passengers, said he thought the window of the accused’s vehicle was going to break after one attacker pounded it several times.
The judge said he was satisfied that Woods believe he would be badly assaulted if the attackers had broken into his vehicle.
Snider argued that Woods had an alternative in that he could have driven ahead slowly to push a path through the attackers.
Woods said he had no alternative but to drive a short distance on the sidewalk to escape the attackers.
When on the sidewalk, he sped off and struck the girl.
Woods said he was scared for his safety so he took off quickly.
He said he couldn’t back up because another vehicle was behind him.
The judge said witnesses indicated the Woods’ vehicle was almost surrounded by the attackers who kicked and punched it.
jwilson@www.reddeeradvocate.com