Man guilty of dangerous driving causing death

A local judge has ruled a driver deliberately prevented another driver from merging into his lane, resulting in a fatal collision that claimed the life of a 33-year-old Niagara Falls woman.

“Without the defendant’s deliberate actions this collision would not have occurred,” Judge Linda Walters said Thursday in Superior Court of Justice in Welland.

Kenneth Mitchell, 68, had pleaded not guilty to dangerous driving causing death in connection with the Aug. 18, 2013, crash. His trial lasted three weeks.

Court heard Rie Motomitsu was driving down Falls Avenue towards the Victoria Avenue exit when the front left corner of Mitchell’s pickup truck came into contact with the right rear corner of her vehicle.

The woman’s car rotated out of control, mounted a curb and collided with a light standard.

Mitchell, also of Niagara Falls, did not testify at trial but the judge noted he did provide a statement to Niagara Regional Police soon after the crash where he claimed he was travelling at about 50 to 55 km/h and didn’t see the other vehicle until it cut him off.

The judge disagreed with the defendant’s statement to police.

“He intentionally accelerated his vehicle to prevent (the victim) from merging,” Walters said. “Mr. Mitchell knew exactly what he was doing. He purposefully did this.”

One witness testified he observed Mitchell accelerate to match the speed of Motomitsu’s vehicle as it approached the Victoria Avenue exit.

Another witness told court he pulled out his cell phone and started to video tape the vehicles because “he knew something bad was going to happen.”

An NRP collision investigator and a forensic engineer testified at trial that both vehicles were driving in excess of 75 km/h at the time of the crash. The posted speed limit is 50 km/h.

Court heard Motomitsu would likely have been charged under the Highway Traffic Act had she survived the crash.

“This is a very difficult case,” the judge said. “The consequences have been horrific.”

Mitchell will return to court Aug. 17 for sentencing.