Hamil­ton man guilty of leav­ing scene of fa­tal crash

Mo­tor­cy­clist died af­ter strik­ing back of trac­tor on Cen­ten­nial Park­way

The Hamilton Spectator - - LOCAL - NICOLE O’REILLY

A Hamil­ton man has been con­victed of leav­ing the scene of a fa­tal ac­ci­dent in­volv­ing his trac­tor and a mo­tor­cy­cle three years ago.

On­tario Court Jus­tice Martha Zivolak found that David Bo­bor was driv­ing on Up­per Cen­ten­nial Park­way near High­land Road East shortly be­fore 3 a.m. Aug. 9, 2014 when a mo­tor­cy­cle ran into the back of his trac­tor.

Wit­nesses who saw the farm trac­tor soon came upon 44-year-old Steve Mar­cotte, the mo­tor­cy­clist who was pro­nounced dead at the scene. It ap­peared he did not have his head­light on.

Bo­bor, 48, didn’t stop, but kept driv­ing — a trail of dam­aged asphalt led po­lice 750 me­tres from the ac­ci­dent scene to where Bo­bor reg­u­larly parked the trac­tor. It had dam­age to its left rear tire. Court heard Bo­bor told po­lice a dump truck had hit him try­ing to pass the trac­tor. He didn’t be­lieve po­lice would help so he kept driv­ing.

But Zivolak found that was a lie in­tended to de­flect re­spon­si­bil­ity. “The only log­i­cal in­fer­ence is that it was Mr. Bo­bor driv­ing his trac­tor that the mo­tor­cy­cle came into col­li­sion with.”

Bo­bor pro­vided a state­ment to po­lice about 24 hours af­ter the crash. He “ap­peared to be gen­uinely sur­prised some­one had died,” Zivolak noted.

She found Bo­bor not guilty of leav­ing the scene of an ac­ci­dent caus­ing bod­ily harm or death but guilty of the lesser of­fence of sim­ply leav­ing the scene of an ac­ci­dent.

At the time of the crash, Bo­bor had been driv­ing his trac­tor home af­ter watch­ing a foot­ball game at the End Zone bar in the east end.

He spent a month be­hind bars be­fore be­ing re­leased on bail in 2014.

At the time of the crash, the case drew head­lines be­cause Bo­bor and Mar­cotte were tied to the for­mer Red Devils Mo­tor­cy­cle Club.

Mar­cotte was a mem­ber of the club and Bo­bor left the club about 10 years be­fore the crash. How­ever, that con­nec­tion later proved pure co­in­ci­dence.

Af­ter the crash, the Mar­cotte fam­ily de­scribed the 44-year-old as a mo­tor­cy­cle en­thu­si­ast who loved the ca­ma­raderie of the club.

The mar­ried fa­ther of three adult chil­dren ran a house-fram­ing busi­ness and taught carpentry at Mo­hawk Col­lege.

Sup­port­ers of both sides sat in the court­room Thurs­day.

Bo­bor re­turns to court for sen­tenc­ing Aug. 25.

Steve Mar­cotte was 44 when he died in 2014.

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