Guilty

Jeff Vader’s killer to be sentenced on May 31—three years after Vader’s death

The courtroom on the second floor at the Union Street courthouse in Picton is like a set from an old movie. High ceilings, ornate lighting, large windows, a glassed-in prisoner’s box, a long wood railing, combined with rows of tiered, well-worn, hard wooden benches for the public to view the proceedings.

On Friday those benches were filled by more than 30 family members and friends of Jeff Vader, each of them wearing red. Vader was run down by a pickup truck driven by his neighbour Eric Menard in May of 2009 as Vader stood by the roadside in front of his Kelly Road home. He was wearing a red tshirt on the day he died.

For almost three years this group of friends and family has come to every legal proceeding to support Jeff’s widow Debbie and to watch as the scales of justice tipped slowly toward the verdict. His family and friends were back in court on Friday to hear ruling against the man who struck and killed Vader that day.

In his decision, Justice Scott clearly and succinctly walked through the facts of the case, the law and the basis for his decision on this, the fifth day of the trial by judge alone.

Given those facts in the case he framed his conclusion based on the charge under 249(4) of the Canadian Criminal Code: Dangerous operation of a motor vehicle causing death. The first question is, did the accused operate a motor vehicle in a manner dangerous to the public, and point two, did the accused’s behaviour constitute a marked departure from the norm?

He listed facts of evidence including weather, season, roadway, sight lines, the animosity between the neighbours, speed, path chosen by the driver, little or no braking by the driver, and that Jeff Vader had no escape from where he was standing. Even after Menard hit Vader with enough force to dent the hood of his truck and propel Vader 20 metres across the roadway, he didn’t stop. Instead he drove home.

Justice Scott concluded that yes, Menard did operate a motor vehicle in a manner dangerous to the public and yes, his driving exhibited a marked departure from the norm.

“The Crown has proved beyond a reasonable doubt,” said Justice Scott as he proclaimed Eric Menard guilty.

After the verdict it was agreed between counsel and Justice Scott that a pre-sentencing report would be needed to assess the offender’s history and to assist the court with the sentencing. Menard will be sentenced on May 31. Justice Scott advised Menard to get his affairs in order.

“For me this is done now, I’m happy,” said Debbie Vader, speaking outside the courtroom. “The hardest part is the dredging up the accident again and again. That’s the verdict I was hoping for and I’m glad it’s here.”

Eric Menard was released without restrictions until his sentencing hearing on May 31—three years and 21 days after Jeff Vader died on the roadway in front of his home.