A New Tecumseth man has been found guilty in a crash that killed a road worker in Alliston in 2014.
A judge found Marcello Fracassi guilty of impaired driving causing death and bodily harm on Monday.
At the same time, the judge acquitted Fracassi on two counts of dangerous driving causing death and one charge of failing to remain at the scene.
Alliston road worker Geoff Gaston was painting lines on Victoria Street in June 2014, when he was struck and killed by Fracassi’s pickup truck. The court heard Fracassi didn’t stay at the scene.
Tanya Gaston fought back tears as she left the Barrie courthouse with her two sons.
“I don't think there are any words. It's been 864 days since he killed my husband.”
Throughout the trial Fracassi’s defence lawyer argued that his client was “sleep driving” on the night in question, something he claimed was the result of a medical disorder. That disorder is called “parasomnia.”
Three different doctors were brought in to provide their thoughts on the disorder and whether, in their opinion, there was any merit to the defence.
Fracassi’s lawyer also argued that Gaston was line painting in an area that wasn’t safe.
“I am persuaded that the memory loss is due to alcoholic black out,” Justice Cary Boswell says. “There was not sufficient time for parasomnia to manifest itself.”
The Crown argued against that defence and insisted Fracassi drove home drunk after a night out with friends.
“Mr. Fracassi has virtually no credibility. He lied to police about his alcohol consumption and stuck to the lie even after the breathalyzer results,” Boswell said.
A sentencing hearing has been scheduled for Dec. 21.
