Constable Michelle Phillips took the stand Wednesday afternoon in the third day of her dangerous driving trial.
Const. Phillips pleaded not guilty to two counts of dangerous driving, one of which resulted in the death of 41-year-old Tracy Janvier the night of Aug. 21, 2016.
She also faces a charge of dangerous driving causing bodily harm for allegedly hitting the hand of 74-year-old James Cardinal, resulting in 30 stitches.
First the court heard audio dispatches relating to the event in question.
The court heard a call from a driver to dispatch of the victim, Tracy Janvier, running into oncoming traffic along Hwy. 881.
Next was audio of Const. Phillips receiving a call from dispatch and informing them she would drive to the scene.
In the following clip, dispatch notified Phillips that a pedestrian was struck 10 km south of Anzac in the same general area.
Court heard subsequent clips of Phillips notifying dispatch of a deceased male in the area, and asking for medical and traffic assistance.
The final piece of evidence prosecution presented was from a 2016 video interview.
Taken five days after the incident, Const. Phillips met with ASIRT investigator Maggie Raposo.
Raposo asked a series of questions during the nearly 90-minute conversation.
Background
Const. Michelle Phillips took the stand after the break.
The defence asked her about how she joined the RCMP, working first in dispatch in 2011 and then to the role of constable in 2015.
She also went into detail about the driver training she received in Regina and then Fort McMurray.
Eventually, she passed her tests working mainly, but not limited to Gregoire Lake estates, Anzac, Janvier.
In past experience, driving at high speeds for calls involving public safety, codenamed Priority 1, was common.
Const. Phillips and another officer received Priority 1 level dispatches on Aug. 21, 2016.
One call took them to the RCMP station in Janvier, where she stayed until just after 1 a.m.
While en route to the RCMP office in Timberlea in police cruiser, Const. Phillips received a dispatch of a pedestrian walking along Hwy. 881.
Dispatch received a complaint of a pedestrian, later identified as Tracy Janvier, attempting to run into oncoming vehicles.
Const. Phillips received the dispatch and said she would investigate.
While travelling northbound on Hwy. 881, another dispatch reported a pedestrian was struck 10 km south of Anzac.
It was unclear if both calls were related.
Const. Phillips activated her blinking lights and increased her driving speed to nearly 160 km/h.
She continued her testimony saying she spotted a lineup of vehicles going southbound appearing to give way.
It was at that moment while driving at speeds of 150 km/h, she felt a thump, which Const. Phillips testified was like hitting a pothole.
At that moment, she realized she arrived at the collision scene.
Breakdown
At this point during her emotional testimony, Const. Phillips said she stopped her truck to block the scene of the collision.
Upon exiting the vehicle, she was confused when James Cardinal approached saying she hit him.
Const. Phillips admitted that didn’t fully explain the bump she felt on the road.
While she tended to Cardinal’s injured hand, she observed the injured pedestrian on the road.
Upon further observation, Const. Phillips noted he was deceased.
Additional motorists approached the scene heading south on Hwy. 881, including Janvier’s sister.
Cross-examination
The prosecution had a comparatively short cross-examination outlining key points.
First, they argued Const. Phillips didn’t get confirmation the two dispatches she received were related.
In her experience, she noted locations from motorists are often incorrect, as did witnesses Corporal Mark Podesky and Jordan White.
She couldn’t verify where exactly the collision was.
Secondly, in her totality report from Aug. 21, 2016, she omitted her conversation with Thomas Doyle the semi-truck driver.
The prosecution produced an RCMP release from Aug. 23, 2016, asking for the truck driver to come forward.
As a matter of fact, the totality report didn’t mention details of the collision or interviews Const. Phillips conducted with witnesses.
However, she told ASIRT investigator Maggie Raposo in their video interview about those events.
Finally, the prosecution argued Const. Phillips wasn’t looking where she was going.
Her attention was on the vehicles parked on the side of the collision scene, which explained why she couldn’t see Janvier.
The prosecution also argued it’s why she didn’t see or know where James Cardinal was standing.
The prosecution concluded her driving speed and diverted attention on top of low visibility contributed to Janvier’s death and Cardinal’s injury.
Closing arguments, in this case, start Thursday at 10 a.m.
