Calgary police officer to face third trial after conviction overturned in pedestrian collision case

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A Calgary police officer convicted of careless driving after backing over a jaywalking pedestrian in 2018 is set to face a third trial after a judge overturned his most recent conviction.

Const. Laurence Mooney was driving an unmarked police truck on the afternoon of Dec. 4, 2018 when he attempted to reverse into a parking spot on 2nd Street S.W. just north of 9th Avenue.

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While backing up, Mooney struck Evangelos Lagoudis as he jaywalked across 2 Street S.W., knocking him to the ground before running him over. Believing he had mounted a pile of snow, Mooney then put the truck into drive and moved forward, running over the victim a second time.

Lagoudis sustained multiple injuries in the accident, including pelvic and rib fractures, along with lacerations to his liver, spleen and kidneys.

Mooney was charged with careless driving under the Traffic Act four days later.

At a trial last November, Mooney was found guilty of careless driving for a second time. Justice of the Peace Arnold Schlayer ruled the on-duty officer did not exercise due diligence before backing up his truck, including failing to conduct a shoulder check to look through his rear window.

The judge agreed with Mooney’s defence lawyer that a $750 fine for his client was a sufficient punishment.

Decision overturned, appeal allowed

But in a May 1 appeal decision released this week, Court of King’s Bench Justice Lisa Silver overturned the conviction, finding that the traffic commisioner had made multiple legal errors and misapplied legal principles.

“The legal errors are fundamental and it cannot be said that the decision, being a conviction, would otherwise be the same without those errors,” the ruling states. “I am also not satisfied that the evidence is so overwhelming that a trier of fact would inevitably convict.”

In allowing the appeal, Silver also found the traffic commissioner’s reasons were insufficient to establish Mooney had driven carelessly.

“The appeal must be allowed and the conviction quashed,” the decision states.

It marks the second time Mooney’s conviction has been overturned and a new trial ordered. He was previously found guilty but a Court of King’s Bench judge overturned that decision, before the Alberta Court of Appeal ordered the first retrial.

In her decision, Silver noted her reluctance to order another retrial, pointing out the case has already gone through two trials and three appeals.

“I am reluctant to order a new trial, but I find that I have no choice,” the judge wrote, adding she expects the Crown to consider the lengthy procedural history when deciding whether it’s in the public interest to re-prosecute the case.

-With files from Kevin Martin.