Court hears teen was lying on road when hit by cab
Driver facing hit-and-run charges in drunk girl’s March, 2015, death
A drunken 16-year-old Calgary girl was lying down in the middle of a busy city thoroughfare before being fatally hit by a cab, a prosecutor said Monday.
Reading from a statement of agreed facts, Crown lawyer Elaine Ahn said driver Stanislaw Maguder admits he drove over Tyla Chipaway.
But defence lawyer Balfour Der said that while his client concedes he caused Chipaway’s death, he isn’t admitting the mental state required for a conviction.
Maguder is charged with hit and run where a death occurred, in connection with the March 18, 2015, collision which killed the teenager.
Ahn said Maguder was travelling in the centre lane of 16th Avenue N.E. at about 3:25 a.m.
“Chipaway ... was walking in and out of traffic near the 600 block of 16th Avenue,” Ahn told provincial court Judge Sean Dunnigan.
“She then lay down in a prone position in the centre lane,” the prosecutor said.
“As Maguder was continuing to travel in the centre lane ... he drove over Chipaway,” Ahn said.
“Maguder did not stop to render assistance; he continued to drive his motor vehicle,” court heard.
“Chipaway received fatal injuries as a result of the collision.”
Ahn said other vehicles drove around Chipaway’s bloodied body, before some drivers stopped to render assistance.
“Maguder admits that he was the first and only vehicle to drive over Chipaway,” she said.
“Maguder admits that he did not stop to render assistance.”
Chipaway was wearing dark clothing at the time of the collision.
“She was wearing a black jacket and black sweat pants with brown shoes,” the prosecutor said. The teen was dragged about nine metres before her body came to a rest.
Ahn said Maguder later told a driver who shared the same taxi cab “that he bumped something.”
“It was some stuff or luggage kind of thing lying on the road,” he said.
At the autopsy it was determined Chipaway had more than 2 1/2 the legal driving limit of alcohol in her blood at the time of the crash.
A pathologist “determined the cause of Chipaway’s death to be multiple blunt force injuries.”
Ahn also told Dunnigan the incident was captured both on surveillance video from a nearby co-op grocery store and an in-car camera.
Maguder is free on bail pending the result of the trial.
The hearing is scheduled for five days.