OPP officer sentenced over off-duty collision with buggy near Mount ForestGUELPH– Roger Woods broke the law back in Nov. 2011, but he responded in an extraordinary way in the aftermath.
His commendable actions following a serious motor vehicle accident that he caused were taken into account during his sentencing.
Woods changed his plea to guilty Monday on a careless driving count laid after an incident near Mount Forest that left an Old Mennonite Order buggy driver seriously injured and his horse dead.
Circumstances agreed up in Guelph’s Provincial Offences Administration Court on Monday indicate Woods, an off-duty Ontario Provincial Police sergeant, was travelling at least 80 km/hr, and likely higher, in a 50 km/hr as he approached Mount Forest at around 8 a.m. on Nov. 14, 2011.
The court heard that Woods was momentarily distracted while reaching to adjust a control on the dashboard of his new 2011 Ford Edge SUV. He slammed into the rear of a buggy operated by Onias Frey. Woods and Frey are friends and neighbours in rural Mount Forest.
The force of the impact destroyed the buggy, killed the horse and threw Frey several meters into the ditch. Frey, now 61, suffered severe injuries including numerous broken ribs and internal injuries that rendered him comatose in hospital for several weeks. While he is still healing, he is expected to make a near full recovery.
Justice Anna Hampson said it was remarkable the man survived and was able to walk into the courtroom during the trial. Frey was not in court on Monday.
Evidence examined during four days of trial proceedings showed Woods was travelling at least 80 km/hr at the time of impact, but may have been going as fast as 104 km/hr, according to testimony given by an OPP accident scene analyst during a voir dire proceeding.
The weight of that evidence, the court heard, enabled the Crown to prove its case against Woods, and he changed his plea as a result.
Facing a charge that can lead to a fine of up to $2,000, a license suspension and possible jail time, Woods was fined $500, given 18-months probation, and 24-hours of community service. It was suggested his community service involve conducting public addresses on the dangers of inattention while behind the wheel.
During submissions Monday, Crown prosecutor Robert Butler said Woods “immediately took responsibility” for the collision. He remained on the scene and rendered assistance to the injured man, ensuring that he was not moved in case he had sustained a spinal injury. And he immediately called 911 and indicated he had struck the buggy.
“He went beyond the call of duty, frankly,” said Butler, in court, explaining Woods took it upon himself to drive Frey’s family members to visit him in hospital, and that his insurance covered all costs, including replacing Frey’s horse, buggy and accessories. Woods and Frey continue to be close friends.
Thibaudeau said the victim impact statements in the case were exceptionally positive. Frey described the incident as an accident that could happen to anyone, and because of his religious beliefs he had no desire or motivation to seek further compensation from Woods. He forgave him and wished to move on.
Woods declined to comment on the case following the conclusion of the trial.
“My client wanted to resolve this without the necessity of a trial,” said Thibaudeau, in an interview, but it was decided to put the onus on the Crown to prove his guilt.
“We finally had a meeting of the minds between defense and the Crown (Monday),” he added.
In the Mount Forest area, Thibaudeau added, Woods is considered “a credit to society,” and a hard-working man with a very strong religious foundation. He was asked if his client has been changed by the incident.
“I think he has, because from the perspective of his career, he found himself behind the wheels of the system of justice,” said Thibaudeau. “And he found that it is not always a smooth road. It was very hard on him, and I think there is a great deal of weight off his shoulders that we were finally able to bring it to a conclusion.”
In an interview, Butler reiterated that Woods acted admirably in the aftermath of the collision, both by rendering assistance at the crash scene and by giving his support to the family afterwards.
“It was clear from the victim impact statement that the family was very thankful for that,” Butler said. “You don’t often see that kind of behaviour displayed by an accused person immediately after a charge.”
Butler called the court’s sentencing decision a fair one.
http://www.guelphmercury.com/news/local ... unt-forest