A judge has found Andrew Williams guilty of dangerous driving but not criminal negligence in relation to a collision with a freight train that killed two of his children and seriously injured himself, as well as two other children.
On June 10, 2012, Williams was driving in a minivan with his four children down Strong Rd. in Belle River when he collided with a train at a level crossing with no arms or warning lights.
Justice Kirk Munroe found that considering the train's length and the multiple road signs warning of the crossing, the train was there to be seen if Williams had been paying attention.
However, he also said that he could not determine without a reasonable doubt if Williams was actively trying to beat the train and therefore could not find him criminally negligent.
"It's very hard on my client because he has been suffering since this tragedy, as you heard in the evidence, he almost lost his life, and the fact of losing your children and then being found responsible for that, that type of culpability, it's very difficult for him to process," said defence lawyer Laura Joy. "Really there is nothing that the criminal justice system can do to him, this is a tragedy, he lost his children and he is grieving that and will grieve that all his life."
Sentencing in the case will be held on March 22, 2017. The range of sentence could be a jail term to a suspended sentence.
