Man accused in crash that killed soldier found not guilty by jury
Published Tuesday, March 13, 2018 12:52PM EDT
Last Updated Tuesday, March 13, 2018 7:26PM EDT
An Angus man has been found not guilty for his part in a crash that killed Master Cpl. David Anderson.
Members of the jury spent most of Monday and Tuesday deliberating the fate of Andrew Stewart, ultimately finding him not guilty of dangerous driving causing death.
“I actually expected it would be a guilty verdict. It's nice that it's over though. I can move on, but I have two little boys that will never have their dad back,” says Erin Anderson, David’s widow.
During the trial, the Crown claimed that Stewart was texting and speeding when he went through a stop sign and crashed into an SUV in November of 2015.
Anderson was pronounced dead at the scene. He was on his way home from work when the crash happened.
The defence claims Stewart wasn’t texting and driving, but instead passed out briefly from a coughing attack after using a vape inhaler just seconds before the crash.
The defence argued that text messages were sent following the crash.
“The jury was of the view that in the end it was an accident and it wasn't criminal behaviour,” says Mitch Eisen, defence lawyer.
Stewart’s grandmother says he is heartbroken for the Andersons.
“That's something he's got to live with for the rest of his life that he took a life. How do you deal with that? You don't really get over it,” says Velma Wagner.
Anderson will be honoured by his peers at CFB Borden with a plaque bearing his name.