Crosby testifies in his impaired driving case
A Windsor man testified Tuesday that he tried to lift his SUV off of his friend, who was trapped underneath.
Calvin Crosby was testifying in his impaired driving trial in Superior Court, but he only addressed questions about why he told police he was the driver.
Crosby has pleaded not guilty to charges in connection with a crash that claimed the life of a LaSalle woman nearly three years ago.
Crosbys' defence is starting with a charter application about how and when police got a breathalyzer sample from him after the crash on April 4, 2014.
The 25-year-old told the court he doesn't remember much from that night, other than he felt he had to admit to being the behind the wheel.
Crosby was driving an SUV in the early morning hours of April 4, 2014. The Chevy Blazer was involved in a collision with a sedan, forcing the SUV to flip onto its roof.
Katie Robson, 20, was pinned under the wreckage and pronounced dead on scene.
Crosby testified he and another female passenger tried lifting the truck off Robson. He said the fourth passenger laid on the ground beside her, comforting their friend.
Crosby says he called 9-1-1 to report the crash and to report that he had been hit by another car, which fled the scene.
Crosby says he was taught in drivers' education that a driver must report every accident to police.
On cross examination, Crosby admitted he was in a state that he was blacking out. He testified he doesn’t remember saying anything to a police officer because of his memory gaps.
Cosby conceded he can't prove that he didn't tell police he was the driver of the SUV.
Officers on scene testified earlier about the smell of alcohol on his breath and the fact Crosby admitted to drinking, gave them the grounds to ask for and obtain a breath test.
That test was taken about two hours after the accident and more than three hours after Crosby says he had his last alcoholic beverage. The Criminal Code of Canada requires a breath test be done on a suspected impaired driver within three hours of drinking.
On Wednesday, defence lawyer John Sitter and Crown Attorney Brian Manarin will argue the charter application on the breathalyzer test.
Crosby’s trial is separate from another trial involving the other driver in the same crash.
The driver of the Impala, Kyle Matthew Colthurst, 28, is also facing five charges, including two counts of dangerous operation of a motor vehicle causing death.
Colthurst’s defence team called on a private accident reconstructionist to the stand on Tuesday and he disputed the Windsor Police accident report.
Walter Martin testified that he believes the SUV struck the sedan, and the sedan stayed in its lane the entire time.
Police have said the sedan crossed into the SUV’s lane, striking the Chevy Blazer from behind.
Colthurst has testified the SUV was swerving in and out infront of him, so he sped up to get away, and didn't know what happened to the other vehicle when he stopped about one kilometre away from the crash.
Colthurst’s trial will continue on Friday.