Criminal legal proceedings stemming from fatal motor vehicle accident nearly seven years ago recently concluded in Cranbrook on Wednesday.
Judge Robin Smith said crown counsel proved beyond a reasonable doubt that Kyle Neidig was guilty of impaired operation of a motor vehicle causing death and care and control of a motor vehicle while having a blood alcohol content over .08 causing death.
However, Judge Smith said crown did not meet the burden of proof for criminal negligence causing death.
After a night of drinking, Neidig and a friend, Ian Shepherd, were driving in a 1995 Chevrolet Blazer that crashed just outside Cranbrook on Highway 3/95 in the early hours of June 11, 2010. Shepard was thrown from the vehicle and died on the scene.
Neidig was charged nine months later and went to a 22-day trial that wrapped up in August 2014 after Judge Grant Sheard ordered a stay of proceedings in large part to the RCMP’s destruction of the Blazer after their investigation, which prevented the defence from analyzing it with their own experts.
That decision on the stay of proceedings went to the Appeal Court of British Columbia, which ordered a new trial in November 2015.
The new trial began earlier this month, with crown presenting it’s case in front of Smith in Cranbrook Provincial Court.
One of the major issues for the Crown was to prove whether Neidig was the driver of the vehicle at the time of the accident.
Photographic evidence and RCMP statements noted that Neidig showed signs of bruising on his neck and shoulder area, as well as near his hips, after the accident.
A medical expert hired by Neidig noted that the bruising, which RCMP said was caused by a seatbelt, could also be attributed to a necklace that got caught on debris during the crash.
Testimony from a friend who picked up Neidig from the police station the day after the accident noted that Neidig told his friend that the seatbelt had saved his life.
RCMP investigation also concluded that the drivers seatbelt was the only seatbelt that was in use following the accident given muddy debris on the belt as well as the fact that Shepherd had been ejected from the vehicle.
Judge Smith also voiced his frustrations at the delay in the entire matter.
Charges were initially sworn in March 7, 2011, with first appearance in court on April 19, 2011 and the trial eventually concluding on August 25, 2014.
Following his decision, Judge Smith asked the court to prepare a pre-sentencing report, adjourning till Friday, May 26.