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A verdict has been reached in the drunk driving crash that claimed the lives of two teens on Six Nations.
In what was often a difficult, and emotional case — the families of the victims all had praise for the straight-forward, and fair manner in which it was handled by Justice James Turnbull. But at the start of proceedings this morning — it briefly appeared that things were headed in a very different direction.
Just moments before they streamed out of the John Sopinka Courthouse these supporters, uttered a loud gasp of shock. They had packed the courtroom to hear the verdict against the man accused of killing Gwen Martin, and Will Harris — and severely injuring Adam Bain.
When Justice James Turnbull uttered the words ” Not Guilty ” it stunned family and friends alike, and many began to cry — but Justice Turnbull hadn’t finished yet.
While he found the accused, 41-year old Travis Squire Hill not guilty on the most serious charges of Criminal Negligence Causing Death. On three lesser charges of Dangerous Driving Causing Death, and Causing Bodily Harm, he found the accused guilty.
Randy Harris is Will’s father: “I feel justice was served today. It’s not going to bring our son back, but at least there’s some satisfaction to it.”
The court found that in December, 2012 — Travis Hill slammed into the back of an ATV, carrying Adam Bain, and Gwen Martin and, at the same time, struck a motorcycle driven by Will Harris. Harris and Martin were killed. Bain was severely injured.
It was estimated that Hill was driving at roughly 90 kilometers an hour when he struck the victims. The impact threw Gwen Martin’s body 66 meters from the point of collision. There was evidence that Hill had been drinking — but not enough to convict him of Impaired Driving Causing Death — primarily because he’d fled the scene before police arrived.
In finding Hill guilty of leaving the scene of the accident — Justice Turnbull said: ” Adam Bain was lying in an alleyway crying and yelling for help. (Two witnesses in the trial) both heard him and I find that the defendant was also able to hear him. Despite that, he chose to leave the scene without offering any assistance. ”
In addition, the judge said: “I strongly suspect he was impaired. ”
Tanya Martin: “It’s becoming a common loop-hole with the criminal element in society. They know to flee the scene so that they can avoid the impaired driving charges.”
Gwen Martin’s mother wants changes to the Criminal Code — but most of all, she wants the hurting to stop: “I miss her every day. I have physical, body aching pain of missing her, every single day.”
Adam Bain’s father Todd knows that pain. He says his son has tried to kill himself twice, since the accident: “Mine’s like a broken plate. You know a plate you drop, it breaks. You can put it back together again, but it will never be the same.”
No date has yet been set for sentencing — but Will Harris’ sister Hillary Robinson says justice, will never be served: “No matter what level of sentencing we get, my brother’s never gonna’ come back. I’m always gonna’ miss my best friend, and I’m never gonna’ have my baby brother.”
Travis Hill has been remanded in custody until September 18th, when he will appear in a Brantford courthouse, to set a date for sentencing. Dangerous Driving Causing Death carries a maximum sentence of 14 years in prison. The families of Gwen Martin, will Harris, and Adam Bain believe — that sentence is not nearly harsh enough — to fit the actions of Travis Hill.
