Man responsible for 2022 crash that left victim a quadriplegic not guilty of dangerous driving, judge rules

In March 2022, Tim and Kendra Kelly were preparing to move into their newly built Winnipeg home and looking ahead to early retirement.

Two days before the home was dropped on its foundation, the couple’s dreams were shattered after an automobile collision that left Tim a quadriplegic.

“(Tim) spent maybe three hours in that house and now it’s sold, it’s gone,” said Kendra, who suffered a broken hand in the collision. “Now we have to plan for a wheelchair house and wheelchair van and everything accessible. Nothing ever goes the way you plan it to, never.”

On Monday, the couple was in a Winnipeg courtroom when a judge found the man who caused the crash, Keeno Shawn Paul Wright, not guilty of two counts of dangerous driving causing bodily harm, ruling he did not have the required mental state to be convicted of the offence.

Tim, 52, said he was “very disappointed” but not surprised by King’s Bench Justice Shauna McCarthy’s ruling.

“We were obviously hoping for a better outcome, but that’s justice. I’ll get over it pretty quick. It is what it is,” the former warehouse manager said.

Court heard Wright, who did not have a driver’s licence, was driving southbound on Archibald Street near Mission Avenue in the median lane during rush hour when he struck a stopped vehicle ahead of him in the same lane before crossing the median and colliding with the Kellys’ northbound vehicle.

A police collision analyst testified at trial Wright was travelling about 81 km/h in a 60 km/h zone seconds before the collision.

Wright conceded his driving may have amounted to civil negligence but did not represent a “marked departure from the norm,” and thus did not rise to the level of the criminal offence of dangerous driving.

Aside from speeding, which is not a criminal offence, there was no evidence Wright intended to drive in a dangerous or reckless manner and no evidence the collision would not have occurred if he was driving the speed limit, Wright argued.

“There is no question that this collision was tragic and had life-altering consequences for two of the people involved. However, the role of the court in arriving at a just verdict is to conduct a dispassionate and impartial review of the facts and the law,” McCarthy said.

Under the Criminal Code, proof of dangerous driving requires evidence that an accused had a subjective or actual intent to drive dangerously or drove with a reckless disregard for the safety of others.

Wright testified he was driving his wife’s car to the hospital to visit his infant son, who had just undergone surgery.

“Based upon his evidence it is clear that Mr. Wright made the decision to drive knowing that he did not have a valid Manitoba driver’s licence,” McCarthy said.

“Based upon his evidence there is also the possibility that he may have been distracted and/or rushing to see his child in the hospital. Apart from these findings, there was no evidence of Mr. Wright’s subjective mental state that would support a conviction (for dangerous driving causing bodily harm).”

McCarthy said the collision occurred at a curve along Archibald that likely would have obstructed Wright’s view of southbound traffic.

“Therefore, there are some inherent safety issues with the location of the collision which are not related to Mr. Wright’s driving,” she said.

The prosecution argued the fact Wright was driving without a licence was evidence he lacked the experience of a reasonably prudent driver.

Driving without a licence is an offence under the Highway Traffic Act, and does not necessarily support a conviction for dangerous driving, McCarthy said, noting there was little clear evidence before the court whether Wright ever held a valid driver’s licence.

“In the circumstances I find that there is insufficient evidence to find that Mr. Wright’s status as an unlicensed driver at the time of the collision affected his ability to drive in a manner that did not pose a danger,” McCarthy said.

Outside court, Kendra said she and Tim remain grateful for the life they have together.

“Obviously, if life could be different… but we are going to keep going, we are still going to have our sense of humour, we are still going to make jokes,” she said.

“And at least we still have you,” she added, nodding her head at Tim.

dean.pritchard@freepress.mb.ca