Crown drops charges in fatal crash
‘Sometimes it’s just an accident,’ defence lawyer says following Pelham man’s court date
A charge of dangerous operation of a vehicle causing death in connection with a fatal crash in Pelham last month has been dropped against a Welland man.
“Based on the information police had at the scene, it’s the Crown’s position they had reasonable grounds (to arrest) and it was only following a technical investigation and further re-examination of witness statements that it was a determined there was no criminal liability,” assistant Crown attorney Andrew Brown said Wednesday in Ontario Court of Justice in St. Catharines.
Stephen Bangsund-salter was arrested Oct. 26 following a fiery crash at the Welland-pelham border that claimed the life of a 39-year-old man.
Police were called to Webber Road near Murdoch Street at about 7 a.m. and found the defendant, and three other men, attempting to rescue a driver trapped inside an overturned car that was on fire.
Thirty-nine-year-old Andrew Rowan, a resident of Welland, died at the scene.
Court heard the defendant was travelling westbound behind a group of vehicles when he entered the oncoming lane to pass the other cars, which included a slow-moving vehicle at the front of the line.
At some point, court heard, the victim also pulled out to pass the slow-moving vehicle.
“Unfortunately, that lane of traffic was being occupied by the defendant who was in the midst of passing the deceased,” the Crown told Judge Fergus O’donnell.
As a result of the impact, the victim’s vehicle left the roadway and collided with a cement culvert in a ditch. The car landed on its side and erupted in flames.
The defendant, together with thee occupants from one of the other vehicles and several police officers, were unable to rescue the man from the burning car.
The driver of the slow-moving vehicle did not remain at the scene and police have been unable to identify the motorist.
Bangsund-salter did not attend the court proceeding.
“This case shows that not every fatality with a driving context is the result of criminal conduct … sometimes it’s just an accident,” said his defence lawyer Michael Delgobbo.