Motorist who tried to avoid ducks found guilty in motorcyclist's death
A jury in Joliette reached its decision against Éric Rondeau after two days of deliberations.
Author of the article
aul Cherry • Montreal Gazette
Published Jan 26, 2023 • 3 minute read
Éric Rondeau, the motorist who tried to avoid a family of ducks on the road, has been found guilty of dangerous driving causing the death of a motorcyclist.
A jury in Joliette reached its decision Thursday after it began deliberating Tuesday.
On July 22, 2019, Rondeau was behind the wheel of a Ford F-150 pickup truck on Route 345 in Ste-Élisabeth, near Joliette, when he spotted a family of ducks crossing the roadway.
Evidence presented at the trial indicated Rondeau slowed down, gradually came to a stop and turned on his hazard lights. A man who testified at the start of the trial said his vehicle was behind Rondeau’s at the time and he also managed to come to a safe stop.
When the ducks paused in the middle of Rondeau’s path, he steered his vehicle across the double line to get around them in a section of road approaching a sharp curve.
Félix-Antoine Gagné, 19, was travelling in the oncoming lane on his Yamaha motorcycle.
A video camera recorded the moment when Gagné lost control of his motorcycle and fell. He and the motorcycle slammed into the pickup truck. Gagné died as a result of the collision.
Defence lawyer Richard Dubé emphasized to the jury how an expert witness estimated that Gagné was travelling above the speed limit before he collided with the truck. The speed limit at the curve was 70 km/h and the motorcycle was estimated to have been rolling at at least 90 km/h.
Prosecutor Alexandre Dubois argued that the law required the jury to focus on Rondeau’s actions and not Gagné’s. While making his closing arguments, he asked the jury to consider whether a reasonable person would have crossed a double line while they could not see far in front of them because of the curve. An expert testified that Rondeau could have only been able to see 105 metres of the roadway in front of him.
Rondeau testified that he didn’t realize he had crossed the double line and said his concentration was on what was going on behind him.
Rondeau was also charged with criminal negligence causing death. Both charges carry a maximum life sentence.
Rondeau’s case shared similarities with one heard at the Montreal courthouse in 2014. In both cases, the victims were travelling on motorcycles at speeds above the limit and the collisions occurred at curves where the victims could not see far in front of them.
On June 27, 2010, Emma Czornobaj stopped her car in the left-hand lane of Highway 30 in Candiac and tried to gather a small group of ducklings she had spotted on the road.
André Roy, a 49-year-old man riding on his Harley-Davidson behind Czornobaj, was unable to stop in time and his motorcycle crashed into the back of her Honda Civic. His daughter Jessie, 16, was riding on the back of the motorcycle. She and her father died as a result of the collision.
A jury found Czornobaj guilty of both criminal negligence causing death and dangerous operation of a vehicle causing death, and she was sentenced to a 90-day prison term. As part of the sentence, Czornobaj was not permitted to drive for 10 years.
The sentencing stage of Rondeau’s case is to begin Feb. 17.
pcherry@postmedia.com
A jury in Joliette reached its decision against Éric Rondeau after two days of deliberations.
torontosun.com