Accused driver in fatal high-speed crash was on bail after being charged in machete attack Judge cites concern for public safety in decision to keep 18-year-old man locked up before trial By: Dean Pritchard Posted: 7:00 PM CDT Tuesday, Mar. 21, 2023

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This article was published 21/03/2023 (942 days ago), so information in it may no longer be current.

A Winnipeg teen arrested following a fatal high-speed crash in a stolen car was on bail for a violent machete attack four months earlier, a court has heard.

The now-18-year-old accused is charged with dangerous driving causing death for an Oct. 16 collision that killed 81-year-old Corazon Manguerra.

The accused, who was 17 years old at the time of the crash, appeared in court Tuesday and was denied bail by provincial court Judge Lindy Choy.

“I am not satisfied there are adequate conditions that would offer protection to the public from the risk that (he) presents,” Choy said. “He might comply with some of the conditions most of the time, but we know he has breached in the past and there is a history of propensity to violence.”

The accused was arrested last October after a stolen Dodge Caravan ran a red light at the intersection of Empress Street and Sargent Avenue shortly after 4 a.m. and collided with a Toyota Rav4.

Manguerra, a passenger in the Toyota, had to be extricated from the vehicle and was taken to hospital with head trauma, and broken ribs, pelvis and left arm. She died the following day. The driver suffered spinal injuries and was off work four months.

“I am not satisfied there are adequate conditions that would offer protection to the public from the risk that (he) presents… He might comply with some of the conditions most of the time, but we know he has breached in the past and there is a history of propensity to violence.”–Judge Lindy Choy

Witnesses who saw the collision said the Caravan was travelling at high speed and swerving violently prior to impact. Open alcohol was found in the vehicle following the crash.

A police collision reconstructionist estimated the vehicle was travelling 98 km/h at impact.

Witnesses reported seeing five people fleeing the Caravan. A police dog tracked the accused to a nearby parking lot where he was arrested in the company of his girlfriend.

Police at the time charged the teen only with breaching his curfew, as they had no evidence to place him behind the wheel of the Caravan. He was granted bail in November with conditions he live with his mother and observe a strict curfew.

The Crown opposed his release.

Police rearrested him March 1 and charged him with dangerous driving causing death after his DNA profile was found to be a match for DNA found on the Caravan’s steering wheel and airbag, which deployed after the collision.

Last June, the teen was arrested following what was described in court Tuesday as a “group on group” machete attack. Court heard the teen and a male co-accused were allegedly involved in a “verbal altercation” with three other males before the exchange escalated to a physical fight. All five were armed with machetes. Two males in the opposing group suffered superficial wounds, while a third suffered multiple lacerations to his head and legs and was stabbed before being robbed of his shoes.

As with Tuesday’s hearing, the Crown opposed his release, but a judge granted him bail that included conditions he live with his mother and observe an absolute curfew.

Further details of the bail hearing were not available for review under provisions of the Youth Criminal Justice Act.

Court heard there had been no issues with the teen’s bail until he went back into custody on Oct. 16. His criminal record includes a July 2020 conviction for robbery and four counts of breaching court orders. He was not granted bail for those offences.

With respect to the fatal collision, “the situation in this case is somewhat unusual in that the (accused) initially secured release… based solely on information regarding the curfew breaches only,” Choy said.

“I think it is fair to say that had it been known that it was alleged he had been breaching his curfew by being the driver of the van it is unlikely he would have been granted bail at that time.”–Judge Lindy Choy

“I think it is fair to say that had it been known that it was alleged he had been breaching his curfew by being the driver of the van it is unlikely he would have been granted bail at that time.”

His lawyer argued that but for the night of the collision, he had been compliant with his bail conditions, had completed rehabilitative programming while on release and “has demonstrated a change in attitude.”

Choy said she was satisfied there remains “a substantial likelihood of reoffending,” noting the accused’s “significant history of non-compliance with conditions.”

“The charges… involve very concerning, intentional violent behaviour,” she said. “It would only take one lapse for him to slip back into offending.”

dean.pritchard@freepress.mb.ca