The trial of a Windsor man charged with dangerous driving resulting in death resumed in Windsor Supreme Court on Thursday, with some unexpected twists and turns.
Joseph Mullen, 25, is also charged with disorderly conduct and obstruction in the car crash that killed 69-year-old Karen Kelly.
Kelly died almost two weeks after a two-car crash on Valentine’s Day 2019 at the corner of George Avenue and Reginald Street in Windsor.
The police initially charged another person in connection with the accident, but those charges were dropped. Joseph Mullen was then arrested and charged.
To this day, Mullen maintains that he was not the driver of the car, adamantly insisting that he was in the back seat of the car.
Judge Renee Pomerance was scheduled to hear closing arguments, but defense witness Brad Jones testified in the morning, and testimony and consequences were to take the rest of the day.
Jones lives near the crash site and testified that he heard the rumble from his home.
When he went outside to see what happened shortly after 8 p.m. on February 14, 2019, he saw a smoldering car with liquid leaking from underneath.
He said that before it stalled, the car looked like its wheels were spinning.
Jones testified that the car’s driver’s side door opened and a man got out of the car.
“He looked me straight in the eyes,” Jones recalled, and then said that the man had run away.
According to Jones’ testimony, another man got out of the car on the passenger side and went “hysterical”.
“The driver ran. The driver ran away, ”Jones recalled a conversation with a man whom he named in court as Joseph Mullen.
Following Jones’s testimony, Judge Renée Pomerance expressed concern that the evidence had not been fully fleshed out by Assistant Crown Attorney Jonathan Lall, saying the new evidence “substantially changed the nature of the case”.
Lull introduced case law at the request of Judge Pomerance, seeking to re-introduce Jones as a witness for some clarity as to whether he saw the man exit the car from the driver’s side, or whether Jones saw him exit the car from the driver’s side. seat.
Pomerance said there was some apparent ambiguity and suggested that Assistant Crown Prosecutor Lall made a deliberate decision not to question the witness during cross-examination. She held that the case law presented by Lall did not apply to that circumstance and rejected the request to hear the witness again.
The case will now wait until October 6, 2022, with closing arguments from Lall and defense attorney John Sitter.