Charges dropped in Waterloo cyclist’s death
It was just a freak accident, says defence lawyer: ‘Happenchance’
WATERLOO — Charges laid in a crash that killed a cyclist last year have been dropped.
Driver Adam Michasiow, 62, of Waterloo, was charged under the Highway Traffic Act with careless driving and making an unsafe lane change in connection with the Feb. 2, 2017, death of artist Robert Linsley.
The charges were dropped earlier this month, Michasiow’s defence lawyer, Tom Brock, said in an interview on Tuesday.
“The Crown didn’t say why, but my view is that there’s no reasonable prospect of conviction if the matter proceeded to trial, given the prevailing lighting and the colour of his clothing,” Brock said.
Linsley was wearing black clothes when he was struck about half an hour before sunrise, Brock said.
“My position was one of the street lights was burnt out,” he said.
Linsley, 64, of Waterloo, was riding his bicycle north on King Street North near Conestoga Mall when he was struck by a car exiting Highway 85, police said. He died at the hospital.
Brock said Michasiow was not speeding or driving erratically. It was just a freak accident, he said.
“Five seconds earlier or five seconds later, it wouldn’t have happened. “Happenchance.” Careless driving, the most serious of the charges Michasiow faced, is defined as driving without due care and attention or without consideration for other people. A conviction often results in nothing more than a fine and six demerit points, but the charge does carry a maximum sentence of six months in jail
“Relieved, really relieved,” Brock said of Michasiow’s reaction to the charges being dropped.
A multiday trial had been set for next month.
“It was the right result,” Brock said.
Linsley taught fine arts at the University of Waterloo before leaving the post in 2007 to concentrate on his art. He was a regular contributor at the Kitchener-Waterloo Art Gallery. In 2011 it hosted his solo exhibit called A Geomorphic Fantasy.