Verdict for Charlton delayed until February

The man charged with careless driving causing death following the 2008 fatality of a 14-year-old boy must wait until at least February to learn the judge’s verdict.

Justice Helen Pierce adjourned the case in Thunder Bay Superior Court Wednesday afternoon. That means she won’t deliver her verdict involving Thomas Charlton, 21, and the charge of dangerous operation of a motor vehicle causing death against him until Feb. 14.

Charlton faces that charge following a collision that led to the death of Spencer Bjorklund.

Charlton, a third year student at Lakehead University, took the stand and gave his account of what happened on the evening of June 13, 2008. He told the court he went to pick up his then-girlfriend, Allison Harris, after work.

The pair went to his trumpet lesson near Victoriaville Mall and then planned to grab a coffee at the Tim Hortons on River Street. They turned onto Pine Street from Red River Road and said he eventually noticed three people walking on the road in the same direction that he was travelling.

"They were walking towards River Street," Charlton said. "They were moving out of my way of travel. As I approached, I believe they were aware of my presence. I moved closer to the curb on the north side to give them more room."

Suddenly, one of the three people walking darted in front of the car, he said.

"There was no possibility of stopping," he said.

Defense Attorney Peter Mrowiec said the cause of death was from a skull fracture at the base of the skull. He said Charlton couldn’t have known at the time that one of the three teenagers would change direction and move in front of his vehicle.

The court heard that to make the incident a criminal matter, there needed to be a departure of the normal level of care while driving, such as consuming alcohol or drugs or talking on the phone -- none of which Charlton did, Mrowiec said.

"Thomas Charlton and his passenger’s perception was that there wouldn’t be a collision," Mrowiec added. "A perfect driver would have slowed down to walking speed and honked their horn. On this occasion, Charlton wasn’t a perfect driver. In my submission that doesn’t make him a criminal."

Assistant Crown Attorney Rob Kozak disagreed.

He said that because Charlton didn’t slow down or make any attempt to warn the three people walking, it made him a dangerous driver.

"Assumptions were made," Kozak said. "They appeared to be shifting their position but that is a very dangerous assumption. (Charlton) tried to pass on the right. He committed to a path with a speed that left him no room."

Kozak added the car’s speed was somewhere between 42 to 52 kilometres per hour in a 50 km/h zone.