Court Gavel. May 14, 2016. (Photo by wp paarz from www.weisspaarz.com)Court Gavel. May 14, 2016. (Photo by wp paarz from www.weisspaarz.com)
Chatham

Deadly drunk crash trial concludes in Chatham, accused awaits her fate

A Dresden woman charged with driving drunk and killing her friend in a crash two years ago will find out if she's convicted or not in September.

Arielle Wall, 21, was charged with impaired operation of a motor vehicle causing death after a crash on Longwoods Road near Centre Side Road just east of Chatham on April 12, 2021.

Wall was also charged with operation of a motor vehicle while impaired (over 80) causing death, dangerous driving causing death, stunt driving, and speeding, but the prosecution dropped the dangerous driving causing death charge during her trial at Superior Court in Chatham on Friday.

The 19-year-old passenger, Gabrielle Emery -- who is also from Dresden -- was pronounced dead at the scene while her friend Wall was taken to the Chatham-Kent Health Alliance with minor injuries.

During submissions and closing arguments on Friday, there were disagreements about who has the burden to prove beyond a reasonable doubt that Wall was impaired and that her impairment was a "significant contributing factor" in causing the crash.

The defence said it was up to the prosecution to prove beyond a reasonable doubt that Wall was drunk and that alone was "a significant contribution" to the accident, citing the prosecution had a lack of evidence, such as speed, if there was any attempt to brake, or if there was any corrective action taken to avoid the crash.

The prosecution said it only has to prove slight impairment and pointed to the toxicologist's testimony that showed Wall was over the legal blood alcohol limit of 80 milligrams of alcohol in 100 millilitres of blood.

Wall had two blood samples and a breath sample taken putting her over the legal limit of alcohol. However, the defence said the judge had no basis to convict Wall and she should be found not guilty.

Defence lawyer Ken Marley claimed the toxicologist testified the breath sample could have been as low as 65 milligrams of alcohol in 100 millilitres of blood.

Assistant Crown Nick Bazylko had to call for a recess and go find two case laws to support his argument that he doesn't have to prove what caused the crash, just slight impairment.

Bazylko noted the only inference that could be drawn is that impairment caused the crash since there were no mechanical issues with the car, such as brakes and steering.

The judge said he had no evidence as to why Wall left the road and pointed to Bazylko not calling any accident reconstruction testimony.

The judge also said there are no witnesses to the crash, no proof alcohol caused the crash, and no evidence of speed, adding that all he has is tire tracks and a damaged tree and car.

"What we have is circumstantial evidence," said the presiding judge.

The crash took place during wet road conditions just after midnight at a bend in the road.

The court heard during the week-long trial that Wall had red, glassy eyes when first responders arrived, was joking with paramedics, and admitted to drinking alcohol before driving, but was not on any medication.

The judge told the family of the deceased woman, who was in court on Friday, that whether or not there's a conviction September 14, 2023, he could not bring back their loved one and "there are no winners in this case" because the accused also lost a dear friend.

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