No jury verdict in case of teen hit by police car, judge declares mistrial
No jury verdict in case of teen hit by police car, judge declares mistrial
NATASHA CARLA ABOGADO
By Pet G. Cleto and Lui Queaño
An 11-man jury failed last May 18 to give a unanimous verdict on the case against York Regional Police officer Remo Romano, leading the presiding judge to declare a mistrial.
Romano was driving an unmarked police car that hit and killed Natasha Carla Abogado two years ago, on February 12, 2014, in Scarborough.
Romano was charged for the crime of “dangerous operation of vehicle causing death.”
Ontario Supreme Court Justice Ian Norheimer declared that the case, as well as the involved parties, would be unable to move forward without the jury’s verdict. The judge called for a return to court on June 1 in order to set a new trial date.
The family of the slain teen declined to give comment to The Philippine Reporter.
Judge Norheimer had reminded the jurors before their deliberation that they should focus on the defendant’s “manner of driving considered as being dangerous to the public” and base their decision on that. He emphasized that they should take into consideration all the elements surrounding “dangerous driving” as the central issue, and not on the tragic consequences of the incident.
The jury’s decision also had to be unanimous, the judge said, as to whether Romano was guilty or not guilty.
Romano, now 44, had pleaded not guilty.
Romano said in his testimony that he did not see Abogado when the latter crossed the street along St.Clair Ave. East near Warden street, just a few steps away from her house.
Judge Norheimer also reminded the jury of several points before the start of their deliberation. He quoted defence lawyer Bill MacKenzie’s argument: “Abogado could have chosen to walk to the controlled intersection but made her own fateful decision instead.”
Crown lawyer Phil Perlimutter had countered that drivers must pay attention and be alert at all possible times to pedestrian jaywalking in that area.
The strip near the intersection of Warden and St. Clair is bounded by a hospital for the elderly on one side and a residential area on the other.
Witnesses at the trial, including expert witnesses, also said that the strip was well-lit, and that the roads went down on a 30-degree angle towards Warden.
Near the scene of the collision, there are two bus stops and shelters, as well as two stoplight and pedestrian crossings – one on each side of four-lane St. Clair Avenue East.
From witness accounts, Abogado had just stepped down from the bus from the opposite side of the street when Romano was speeding towards her location from the other side of the street.
A witness who was inside a car on Romano’s side of the street had said that the stoplight on that side was just turning green when Romano and his colleague drove past the stoplight.
The judge also made some points about the high speed of Romano being justified in the Highway Traffic Act, which permits police officers to go over prescribed speed while in the performance of their duty. Judge Norheimer noted that the law justifies such speeding only upon taking all possible precautions – such as provision of emergency lights warning pedestrians such as Ms. Abogado of the incoming traffic; and as well, full training for police officers while on cases of surveillance regarding speed and other concerns.
Romano, who was already driving at 105 km/hr on a 60 km/hr residential area before hitting the victim, was on duty conducting a surveillance operation that night and allegedly was rushing to catch up with his fellow officers chasing a white van. The speed limit along Warden and St. Clair is 60 km/hr. Experts said that Romano’s speed was at 115 km/hr at the time of collision.
Meanwhile, in earlier testimonies, the police officer had been noted to say that he and the six other officers on the surveillance team were not going to make an arrest that day.
Experts said that Abogado was thrown off some 80 meters after being hit. She died on the scene.
(Based on trial coverage of The Philippine Reporter and stories published from The Toronto Star, Toronto Sun and CBC News.)
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