2001 - 2020 (18 years)
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Name |
Lewis Martin |
Born |
22 Dec 2001 |
Gender |
Male |
Misfortune |
1 May 2020 |
Woolwich Twp., Waterloo Region, Ontario, Canada |
killed in auto accident |
Eby ID Number |
Waterloo-225136 |
Died |
1 May 2020 |
Woolwich Twp., Waterloo Region, Ontario, Canada |
Buried |
Creekbank Mennonite Cemetery, Creekbank, Mapleton Twp., Wellington Co., Ontario |
Person ID |
I225136 |
Generations |
Last Modified |
7 Nov 2024 |
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Notes |
- No jail for motorist who struck and killed teen cyclist near Elmira
By Gordon Paul Record Reporter
Mon., July 5, 2021
KITCHENER - A motorist who struck and killed an 18-year-old cyclist near Elmira \emdash and then drove off after calling 911 \emdash will serve no jail time.
The man, 20, was originally charged under the Criminal Code with failing to stop at an accident causing death, but instead pleaded guilty on Monday in Kitchener court to a Highway Traffic Act charge.
The Crown is recommending a sentence of 200 hours of community service work and two years of probation.
The man, driving a Chevrolet Sonic, struck cyclist Lewis Martin just after 11 p.m. on May 1, 2020. Martin had been cycling with his cousin, Timothy Horst, on Arthur Street North, just north of Elmira.
Martin was northbound in a live lane of traffic; Horst was closer to the shoulder. The accused, also northbound, saw a flashing red light on Horst's bicycle but did not see Martin's bicycle, which he struck.
The driver stopped and used Horst's phone to call 911. He told them a male had been hit by a car and was not breathing.
A family in a passing car pulled over to offer help. The motorist who struck Martin gave the phone to a man in the car who continued the call with 911 and gave first aid to Martin.
The accused then returned to his car "with the intention of moving it to a safer place," Crown prosecutor Michael Michaud said.
"However, at this point, he stated that he became overwhelmed by what had occurred and then he left the scene without reasonable excuse and without providing his name and address. He then drove to his residence in Southampton."
Martin was pronounced dead at the scene.
The accused, after speaking to his mother at home, called Waterloo Regional Police the following morning to admit he struck Martin.
He pleaded guilty to failing to remain at the scene of an accident.
The Crown agreed to not proceed with a criminal charge after consulting with the victim's family and police.
"You can see by the facts, perhaps, why we have taken this view," Michaud said. "(He) did stop. He seemed overwhelmed and left the scene prematurely."
Michaud called it "a terrible tragedy."
The victim's family and the accused, who has no criminal record, will meet through the Victim Offender Reconciliation Program to discuss the harm he caused.
"We hope that that will be healing and beneficial for all the parties," Michaud said.
If the process goes well, the Crown will agree to a sentence of 200 hours of community service work and two years of probation. Sentencing is set for Aug. 16.
"No Jail For Motorist Who Struck And Killed Teen Cyclist Near Elmira". 2021. Therecord.Com. https://www.therecord.com/news/waterloo-region/2021/07/05/no-jail-for-motorist-who-struck-and-killed-teen-cyclist-near-elmira.html.
_________________
December 22, 2001 \endash May 1, 2020
Passed away suddenly as the result of a roadside accident on Friday, May 1, 2020, at the age of 18.
Lewis was the youngest son of Maynard and Erma (Brubacher) Martin of RR 1, Elora. Brother of Lawrence and Marie Martin of RR 1, Elora, Lowell and Karen Martin of RR 1, Elora, Lucille and Murray Martin of RR 2, Elmira, Lorraine and Wayne Martin of RR 2, Drayton, Carol and Marvin Martin of RR 4, Elmira, Eric Martin and Linda Martin both at home. Grandson of Melinda Martin of RR 1, Elmira and Lucinda Brubacher of RR 2, Elmira. Uncle of seven nieces and two nephews. Remembered by his many aunts, uncles, and cousins. He was predeceased by his grandfathers Ervin S. Martin and Lester Brubacher.
Private family visitation will take place. Private family interment and service will be held at Creek Bank Mennonite Meeting House.
www.dreisingerfuneralhome.com
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