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The man who was charged in the death of Ottawa crossing guard Peter Clark has been found guilty of dangerous driving.
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Xzander Wright had pleaded not guilty to dangerous operation of a vehicle causing death after Clark was struck and killed on the morning of March 23 at the intersection of Cedarview Drive and Kennevale Road in Barrhaven. In April, Wright pleaded guilty to a charge of failing to remain at the scene of a hit-and-run.
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Wright sat in the accused’s box in a black T-shirt on Wednesday afternoon while friends and family of Clark, including widow Amanda Clark, filled the courtroom to watch the judge deliver his judgment.
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It was up to Justice David Berg to determine whether Wright’s driving was dangerous, defined under the law as “a marked departure from the required standard of care” that goes beyond a momentary lapse in judgment.
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While Berg said Wright’s actions in the moments leading up to the collision were “arguably a departure from the required standard of care,” Wright’s decisions after his truck struck the crossing guard constituted dangerous driving, he ruled.
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During the trial, when the then 19-year-old Wright testified in his own defence, he stated he felt a light tap and then saw Clark’s hand-held stop sign on the hood of his truck. He testified that he thought someone had thrown the hand-held sign at him.
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“This was not a momentary lapse of judgment,” Berg said in his decision. “This was the opposite in that his attention had actually been drawn to the existence of a problem, which he then ignored.
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“It was his evidence that he had thought that someone had thrown the stop paddle at him,” Berg continued. “A reasonable person in Mr. Wright’s circumstances would have, at the speed of thought, asked themselves ‘Who?’ and ‘Why?’ while reflexively applying the brakes. Mr. Wright ignored these circumstances and continued into the turn.”
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Following the judgment, defence lawyer Lawrence Greenspon said it was a “disappointment for Mr. Wright,” maintaining that the incident had been a “tragic accident.”
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“If we could roll back time, I’m certain that it would have been avoided,” Greenspon told reporters outside the courthouse.
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Submissions for sentencing on Wright’s convictions for both charges are expected to begin in mid-November.
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“At that point in time, the Crown will take the position on what they want on a sentence, and we’ll do the same, and I expect that we’ll be quite apart,” Greenspon said.
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