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WHITBY FREE PRESS, WEDNESDAY, MARCH 23, 1988, PAGE 9 Oshawa man convicted of dangerous driving FROM PAGE 3 nearby driveway. Photographs were then taken, with more taken on Feb. 3, a night with similar conditions, to illustrate the visibility on the night of the accident. (Two other investigating officers, Const. Chris Ostler and Acting Sgt. Joe Catoul, were struck and injured by another vehicle while setting up flares at the scene of the hit-and-run. The driver of the second vehicle, later charged, was to appear in court this week). Court was also told that on the morning of Feb. 3, the accused's car was located at 230 Nipigon St. in Oshawa. The car was identified as a red metallic 1984 Chrysler Laser, and was found covered with a tarpaulin. Upon removal of the tarp, police discovered a large hole in the "passenger" windshield with brown hair embedded in it, and the front right bumper dented, with paint missing. The antenna had also apparently been broken ,off. The car was then transported to 17 division in Oshawa where further investigation identified the vehicle as the one involved in the hit-and-run. The jury also heard evidence during the trial that Humphries had been drinking on and off during the day. Thomas Cackette, a co-worker with, Humphries at Chrsyler in Ajax, said he met Humphries on the day of the accident at a hockey tournament that morning at the Civic Arena in Oshawa. He said Humphries, himself and another man, Tom Blair, left the arena and drove to Cackette's apartment where they had a beer. They each also brought a second beer back to the arena where they drank them. Around 1 p.m., the three and another man, Airey Lugtenburg, left the arena and went to Gippers Restaurant and Sports Bar at at the corner of Stevenson Rd. and King St. W. The jury heard that Humphries then had two more beers before he left Gippers at 2 p.m. to go bowling. Wayne Ambrose, a bowling league acquaintance, testified that Humphries arrived late for a bowling tournament. Ambrose said he smelled alcohol on Humphries' breath, and further stated that Humphries was "acting silly," noting the accused sat in his lap. Humphries left the bowling alley around 4 p.m. when- he returned to Gippers. A bartender at Gipper's said Humphries and another man arrived at the restaurant at about the time he arrived for his shift. Paul Bacon said he served Humphries and three other men draft beer, and later bottles of beer. Bacon said Humphries drank a total of six beer then got "unruly." He said Humphries interrupted the bartender's conversation with another man several times and was rude when told to mind his own conversations. At this time, Bacon iays hetold miries that he was "cut off." When Humphries and another man, Tom Blair, were leaving, Bacon asked him if he wanted a cab, and Humphries replied that he would walk home. That testimony was contradictory to Blair's when he was called to the stand by defence attorney Peter Zaduck. Blair said Humphries had two draft beer between 2 and 6:30 p.m., when the two were leaving, and that lie had not heard Bacon ask Humphries if he wanted a cab. "He never asked if we wanted a cab," said Blair. In his summation to the jury, Zaduck said there was a simple explanation why Humphries left the scene - "panic." "Here you have two young boys dressed in black, close to a road. Would a reasonable driver expect them to be there?" . Zaduk rhetorically asked the jury. He also said that none of the witnesses testified that Hum- phries was impaired and he wondered why the police found no skid marks on the shoulder of the road. He also questioned why:• the crown attorney, John Scott, did not call Blair to the stand for questioning. Zaduk suggested that the accident happened when Humphries either stepped onto the road for better traction or he slipped. "Holley's death was caused by an accident, not a crime," said Zaduk. Scott replied that he did not call Blair. to the stand because he was not a "credible" witness. During his cross examination of Blair, Scott pointed out that Blair had been found guilty of four charges of possessing narcotics during the 1970's. "Why call someone that doesn't come here to tell you the truth," Scott said to the jury, at which point Zaduk asked for a mistrial. He complained that Scott ha, expressed an opinion to the jury, which he claimed was. grounds for a mistrial. But Judge John Kerr did not agree with Zaduk, saying that Scott had been invited by Zaduk to provide a reason as to why he had not called Blair to the stand. Judge Kerr said he would give the appropriate warning to' the jury to disregard the statement. He said the warning would be sufficient to render "a true, verdict." In continuing his summation, Scott argued that walking along the shoulder of a road does not kill anybody. "But it (a car) in the hands of a person not showing the degree of responsibility law calls for, is a killer. "What killed Holley was an impaired man that didn't see these kids." Scott also disagreed with- Zaduk that Humphries panicked, pointing out that Humphries drove home and placed a tarp over his car. He also argued that no marks were found on the shoulder because of the gravel and ice conditions. In his charge to the jury, Judge Kerr defined criminal negligence as a wanton, reckless disregard for the lives or safety of other people. He described dangerous operation of a motor vehicle as being dangerous to the public while having a regard for the circumstances. Humphries will be sentenced on April 19 in Peterborough Barn relocation FROM PAGE 2 people here all the time." The Woods weren't too familiar with the early history ~of their barn, located behind the DX (now OLCO) station at Dundas St. E. and Glen Hill until they were visited about 15 years by the son of a Mr. Breslin who built the barn in 1907. where Judge Kerr will be hearing cases that day. c Judge Kerr Humphries' bail. NEW CONCEPT Our 6 different motorized exercise tables will tone and firm your body. No membership fees. FIRST VISIT FREE! 114 Dundas St. E. 2nd floor, Suite 7 Whitby also revoked New funeral home planned A plan to build a funeral home and a drug warehouse on the northwest corner of D'Hillier St. and Dundas St. W. met with little opposition at a public meeting Monday night. The application is by Monarch Homes, which is building a subdivision behind the proposed funeral home and drug ware- house. The two commercial developments would sit on five acres of land. Committee heard that the commercial uses would act as a buffer between the homes. But Bruce Langer of Palace St. said a more appropriate buffer would be medium density lots such as low rise apartment buildings. "I'm concerned that another drug warehouse outlet in town is like another gas station going in Whitby," said Langer. He said the Town has a problem providing medium density lots and this would be a "perfect" opportunity for the Town to do so. Planning director Bob Short informed Langer that there are shortages in the servicing capacities on the land which would restrict medium density lots. Stan Wantor, owner of the West Lynde plaza to the south of the property under application, asked what type of drug warehouse ôutlet would be built. When he was-informed it would be like Howies Drugs in the Kendalwood plaza, Wantor replied "Howies sells everything but kitchen sinks." He said he opposes the appli- cation because Monarch does not need five acres of land to act as a buffer. Administrative committee was also informed that no drawings have been made and therefore Monarch could not say how many stories each business would require. NO SWEAT WORKOUT ~2ad~~,s' £Jontag anid Wannlat~g 668-5055 000 Ofi 1 14