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North Vancouver man not guilty of unsafe door opening in cyclist death

Crown failed to prove ID of driver responsible, North Vancouver judge rules

A North Vancouver man has been found not guilty of unsafely opening his vehicle door in a 2019 chain reaction collision that killed cyclist Mike McIntosh.

Patrick Timothy Colwell was charged with one count of unsafely opening a vehicle door after the fatal incident on Jan. 27, 2019, on the 100 block of West Esplanade.

McIntosh’s colleague and friend of 20 years, Mark Jutras, testified in court Thursday that the two had been out for a ride together when someone in a green or blue car parked next to the bike lane opened their door, hitting him and causing him to crash, resulting in McIntosh falling under the wheels of a heavy dump truck.

McIntosh was pronounced dead at the scene.

Colwell’s Motor Vehicle Act trial ended with an acquittal Friday morning.

Crown prosecutor Adam Flanders asserted that it was a case of strict liability – meaning all that was necessary to establish guilt was proof that Colwell was the one in the vehicle and that he opened the door, regardless of his intent.

Colwell’s defence lawyer Chris Johnson argued the Crown had failed to prove that it was in fact Colwell who was responsible.

William Andersen, a witness to the crash, testified that it was someone in a white car who opened their door into the bike lane, not the green Corolla police suspected. When asked if he could identify the person in the courtroom, he gestured to Colwell and said “I don’t know if I want to say definitively, but I suspect it’s the guy sitting on the bench there.”

Ali Tafsiri, another witness, said he was “40 per cent” sure the accused he saw in the courtroom was the person standing outside of a Corolla that was blue in the moments after the 2019 crash.

Former North Vancouver RCMP Const. David Morris, however, testified Colwell’s statement at the scene did confirm the green Corolla belonged to him.

Flanders conceded that it was circumstantial evidence but asked the judge to consider it corroborating the general testimony from Jutras, Andersen and Tafsiri.

“Really the strongest evidence that places Mr. Colwell as the door opener, I would suggest, is the vehicle itself,” he said. “When one takes a step back and takes a bird's eye view of this case, and reviews the evidence in its totality, I suggest that there isn't a reasonable explanation or an alternative person opening that car door.”

Beyond the question over ID, Johnson also suggested the door on the Corolla was only open a couple inches at the time of the crash, and that Jutras may have crossed out of the bike lane and into the parking lane around that time.

Ultimately, Judge David St. Pierre agreed with Colwell’s defence there was too much uncertainty in the evidence regarding who was responsible for opening the door.

“There's too many gaps to be filled in order to reach the requisite standard, which is proof beyond a reasonable doubt,” he said, acquitting Colwell.

Because of that, St. Pierre declined to delve into the arguments about whether the door was opened in an unsafe manner.

“If it makes any difference whatsoever, I express my condolences to the family,” he said, adding some comments about the unprotected bike lane itself.

“Whatever changes have to be made or whatever safety enhancements can be made, let’s hope they’re made,” he said. “As a society, we want to take as many precautions as we possibly can to avoid [this].”

If found guilty, Colwell would have faced a maximum $81 fine, including a victim surcharge.

Speaking for his client outside the courtroom, Johnson also blamed the bike lane.

“I think it's an unsafe situation, this bike lane – so very narrow and close to traffic. It's obviously a tragedy and I feel terribly for the McIntosh family,” he said.

Johnson added that Colwell “feels terribly about this situation.”

“He wishes it had never happened. He found it shocking and very unpleasant to experience,” he said.

Two civil cases related to the collision have also been filed in B.C. Supreme Court.