Trucker cleared in cop’s death trial

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CHATHAM, Ont. – The Quebec trucker accused of killing a police officer after a 2000 traffic accident near here, was acquitted on June 17.

All of the charges against Terry DeMerchant, 28, were found by Ontario Superior Court Justice John Kerr to be without merit.

DeMerchant’s tractor-trailer was heading along Hwy. 401 near Chatham on June 7, 2000, when it collided with Sgt. Marg Eve’s cruiser, which the court heard was parked approximately 1.1 metres onto the busy highway.

DeMerchant had faced five counts of dangerous driving causing bodily harm and one of dangerous driving causing the death in relation to the collision ending Eve’s life.

“I am not satisfied that a reasonable person would expect a vehicle to be stopped in the travelled portion of that highway,” Kerr surmised. “There was nothing that could reasonably be done by the accused to avoid colliding with Eve’s vehicle.”

DeMerchant reportedly smiled as the Judge made the pronouncement, and then bowed his head and covered his eyes before being enveloped by his brother’s arms.

DeMerchant indicated to local media there is a very good chance a civil case may follow.

“Yeah, it’s a great possibility,” DeMerchant says citing a possible case of malicious prosecution. He also apologized to the dead officer’s family.

“I’m sorry that what happened came about. But I want to be able to let go of my feelings of any responsibility because it was never my fault,” he explains.

The trucker’s defence lawyer, Dave Jacklin, was a little more blunt in his appraisal of the verdict.

“Like it or not, the majority of witnesses said it was an extremely dangerous situation to have a police cruiser out in the marked lane,” he says. “No question, there should be an inquest. You have major highway safety and police issues that should be addressed and an inquest would probably have been the best forum to decide this in the first place.”

During testimony, provincial police constables Patti DeBresser and Brad Sakalo, who were both seriously injured in this crash, explained Eve was following police training by parking her cruiser on the road, as part of a “high-risk takedown.”

In the initial months following the accident, truckers running the 401 along the Windsor-London corridor reported experiencing revenge-style law enforcement to Truck News. While no tangible evidence exists to confirm or deny this fact, the trucker’s acquittal may yet lead to a staunch, police-versus-truckers mindset on the busy international gateway.

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Truck News is Canada's leading trucking newspaper - news and information for trucking companies, owner/operators, truck drivers and logistics professionals working in the Canadian trucking industry.


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  • It does not surprise me the level of abuse that goes with ABSOLUTE impunity with that police force. I have and close friends of mine have been targeted repeatedly by this for force. It’s shameful that the very people that our hard earned taxes pay to support their salaries only to be ( not protected but persecuted) by these individuals. It’s downright disgusting. I wanted to apply in ’86 to become an Opp officer but after all that I’ve experienced and my close friends NEVER. Now I can see and understand when someone told me “a dead cop is a good cop” as sick as that sounds. I’ve dealt with them (charged in 2013) and in court the judge could not find substance for the chargers or to detain me any further.

    I no longer have any trust or faith in them. I pray that Terry gets his life back in order and is FULZlZy compensated for his loss. But one could never give back get time lost. My sympathies to Terry and aloof his suffering.

    Truly

    Danielle

    • The truck being that high up should have seen the crusiers and moved over to the other lane. His excuse for not seeing them from far away is ridiculous. He should have been found guilty. Stupid court judges is what saved his ass. There are no excuses he can come up with. The fact that truckers claim to be targeted is a bunch of BS. Obey the laws amd dont drive faster than the speed limit. Alot of truckers are putting the blame on others drivers when most of the time its their FAULT. I admit there are horrible and wreckless drivers out there, but alot of the time their are also just as bad of trucks. Our Canadian judicial system sucks. GUILTY GUILTY GUILTY. Would it be the same excuse had it been a broken down car that couldnt get to the shoulder. Pay a freaking attention and this would have never happened plain and simple. If you could not see 3 police cars with lights flashing from far away and you didnt react to that, you should never be driving anything.