Case hinges on colour of lights
Firefighter charged with failure to stop on a red in crash that killed woman
A firefighter has pleaded not guilty to running a red light in a collision that killed a Mississauga woman a year ago, although it’s still not clear what colour the traffic light was at the time of the deadly accident.
Jarrett Johns, 36, of Toronto, was charged under the Highway Traffic Act after the fire truck he was driving slammed into a car driven by Kimberley Schulz on March 6, 2011.
Schulz, 42, died instantly in the crash, which occurred as the fire crew was en route to another collision.
Her friends and family filled several benches in the Ontario Court of Justice in Mississauga Monday for the first day of the trial, with some getting visibly emotional during the day’s testimony. Arguments are expected to last the rest of the week.
The court heard from both firefighters and drivers who witnessed the crash. There were conflicts in their testimony as to who had the right of way.
Capt. Tom Dejak, who was in the passenger’s seat of the fire truck, detailed the route being driven by Johns when the crash happened.
Dejak said they were heading west on Britannia Rd. W. and saw a car driving south at a constant speed toward the intersection of Britannia and Rodeo Dr. The fire truck’s lights and sirens were on at the time, he said.
The light was green when the fire truck approached it, he said, but he didn’t see its colour while the truck was turning. Prior to the impact, “I said, ‘Hold on,’ ” Dejak testified.
Dejak told court he believed an automated system for emergency vehicles, called Opticom, which uses a sensor to cycle traffic lights to green from up to 550 metres away, was working. However, there was construction that day and the traffic lights were hanging on wires.
By law, fire trucks encountering a red light must come to a complete stop before continuing.
Bogdan Dzikh, who was driving with his wife in a car beside Schulz and whose car was also hit, testified he and Schulz were waiting at a red light together and when it turned green they drove ahead, seconds before the accident.
“When I turned my head to (the) left I saw (the) fire truck hit (Schulz’s) black car. Black car in turn hit my car,” he said. “It definitely was a shock for us.” Alexandra Dotto, who was driving eastbound with her husband and infant daughter on Britannia in the left turn lane, said she remembered the light being red and then turning green for her. She also said she believed the fire truck’s sirens were not on and relayed her concerns to a 911 operator. Schulz died instantly when the truck broadsided her car a few blocks from her home. The mother of a 19-year-old son had been on her way home from a hockey game. Her brother, Toronto firefighter Steve Bailey, said the family misses her and that it’s difficult for family to attend the trial. “It’s hard on our parents,” he said after his father left court in tears. Johns faces a $1,000 fine if convicted of failing to stop at a red light.