Truck speeding at time of crash, expert testifies

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This article was published 24/08/2023 (1112 days ago), so information in it may no longer be current.

In less than two seconds, a speeding truck lost control and slid into a ditch before colliding with two trees with enough force to break them. The truck then rolled over, landing on its roof which was so severely crushed it nearly touched the steering wheel.

That was the picture Cpl. Kelly Smith, a forensic collision reconstructionist with the RCMP, painted in a King’s Bench courtroom on Tuesday afternoon.

Smith’s testimony was part of the second day of evidence as part of the Crown’s case in the trial of Paul Elwood Houle, who has pleaded not guilty to two counts of dangerous operation causing death and one count of dangerous operation causing bodily harm.

Kimberly Sutherland, 45, and her nephew, 31-year-old Kyle Brandon, were killed in the car crash which occurred nearly four years ago on Dec. 4, 2019 a few kilometers east of Waywayseecappo. Anthony Sutherland, 50, who testified on Tuesday, was injured in the crash.

The collision reconstructionist’s testimony also provided more grim details of the crash, including that the truck’s driver was not wearing a seatbelt, and the other three people in the vehicle were likely not wearing them either.

In addition to analyzing the crash scene, Smith also retrieved data from the truck’s black box, which showed that the truck had been traveling at about 123 kilometres per hour — well over the 90 kilometres per hour speed limit on Road 144 West (also known as Birdtail Road) — and that throughout the collision, the driver never hit the brakes.

While on the stand, Smith said that excessive speed and poor road conditions contributed to the collision, while the lack of use of the safety features in the truck exacerbated the injuries sustained in the crash.

He confirmed that in one photo he took of the scene, a beer can was visible beside the truck, though he testified that he could not determine whether the can had been in the truck before the crash.

Cross examination by Houle’s defence lawyer, Greg Sacks, focused on determining whether occupants of the truck could have moved positions in the vehicle during or after the crash.

Smith testified that the centrifugal force during a vehicle rollover keeps occupants in their original position, but that people can be moved from their original position when the vehicle is coming to a stop.

He testified that the crush from the crash around the driver’s area was too significant for somebody to move around, but when asked if anyone inside the truck could have moved around within the truck on their own, Smith said it was possible in the passenger side of the vehicle that was not as crushed.

Earlier in the day, the Crown also called Manitoba First Nations Police officer, Const. Darryl Hunter.

Hunter testified that he took a statement from Anthony Sutherland’s 17-year-old son. He also testified that he viewed a clip of video surveillance footage from a gaming centre in Waywayseecappo, which showed Houle and the victims getting in and out of the truck the night of the crash.

The video, which was played in court, showed a truck pulling up to the gaming centre at about 7:42 p.m. and Houle, Brandon and Kimberly Sutherland getting out and going inside. A short time later, the three return to the truck with Sutherland getting in the backseat, Brandon getting in the passenger seat and Houle getting in the driver’s seat.

During cross examination, Sacks asked Hunter how he knew that there was video footage of Houle at the gaming centre. Hunter testified that there had been a call for service for a disturbance at the gaming centre.

The Crown has one more witness to call in the trial and closing arguments are expected to start on Friday morning.

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