Emotions boil over in courtroom as judge dismisses charges

Amid an eruption of emotion, a judge dismissed the charge Thomas Charlton faced following a 2008 crash that killed a 14-year-old-boy.

Charlton appeared in Thunder Bay Superior Court Monday morning for Justice Helen Pierce’s verdict. Police charged Charlton with dangerous operation of a motor vehicle that led to the death of Spencer Bjorklund. Pierce dismissed all charges against Charlton and said despite the fatal outcome, he acted in a reasonable manner.

"We all wish it never happened," Pierce said before she read her verdict. "There was no pre-existing pattern of bad driving, no alcohol or drugs involved, he was in the correct lane keeping a lookout for pedestrians and saw (Spencer and his friends) as he approached. He was not driving an excessive rate (of speed).

"Despite the tragic consequences, I do not find there was a marked departure from the standard of care from a reasonably prudent driver."

The courtroom filled with emotion as angry shouts and tears followed Pierce’s decision. Some cried foul of the justice system while others simply cried. A police officer led both parties out of the courtroom through separate doors without incident. 

Pierce said that Charlton, a third year student at Lakehead University, and his then-girlfriend, Allison Harris, wanted to go for coffee at the Tim Hortons on River Street on June 13, 2008. They turned onto Pine Street from Red River Road. Spencer and two of his friends were on Pine Street heading in the same direction on foot.

She said it appeared that the group, which was walking on the road, had seen Charlton’s car and were moving out of the way. Charlton moved closer to the curb to give the group more room. Spencer’s unexpected change in direction caused him to collide with the car, she said.

The court learned how the cause of death was from a skull fracture at the base of Spencer’s skull.

Defense attorney Peter Mrowiec said the ruling was an appropriate decision and Charlton's plans were to continue his education.

"The judge made, in my view, a correct ruling," Mrowiec said. "It is a difficult area. People are always upset in these tragic circumstances. (Charlton) was very upset at the time of the accident and he certainly feels sympathy for the family."