Family of Calgary cyclist killed in crash frustrated by legal system after trial called off, charge dropped
The widow of a Calgary father of two hit and killed while biking home from work nearly two years ago says she is still waiting for justice in her husband’s death.
“That was one of the things we needed as a family was to go to the trial as painful as it would be because we’d be reliving it in detail, but we were prepared to do that just to have some of the questions answered,” said Lorraine Maggipinto, wife of Mike Maggipinto.
Maggipinto said she found out just days before the trial was supposed to begin for the driver, a woman in her 30s, it was called off.
The decision took her family completely by surprise.
“If you’re going to drop the charges, then take the time to invite us into your office and say this is what we have, show us. I don’t know if every family would like to see it but I know this family did, I think it would have helped.”
Mike Maggipinto was hit by a delivery truck while riding on 11 Street and 53 Avenue N.E. around 4:30 p.m. on Friday, July 26, 2019. The 51-year-old was pinned under the truck.
He was transported to hospital in life-threatening condition but later died.
How her husband came to be in harm’s way was one of the questions nagging at Maggipinto since the incident. Now, without a trial, it’s unlikely she will ever find out.
“You need to cross two lanes of traffic first before you reach the crosswalk. That question is like the elephant in the room. How did the driver not see him?” said Maggipinto.
'LENGTHY AND COMPLEX' INVESTIGATIONS
According to Calgary police, the investigation determined neither drugs, alcohol or excessive speed were factors.
“In consultation with the Crown prosecutor’s office, a charge of careless driving was laid against the driver of the truck in January 2020,” said the Calgary Police Service in a statement.
Police say investigations into fatal collisions are lengthy and complex. They often require a number of forensic reports which take six to nine months on average to be returned to investigators.
Prosecutor Thom Forsyth said a trial was scheduled to begin June 10, 2020. But with just six days to go, the charge of careless driving was stayed against the driver.
When a charge is stayed, the Crown has up to one year to revive the case if new evidence comes to light, although that rarely happens.
Forsyth said prior to the trial, the defence provided its own expert report on the collision. He said prosectors are required to assess and re-evaluate files on an ongoing basis to determine whether the case should continue.
“Following consultations with CPS and other members of the prosecution service, I concluded that there was no longer a reasonable likelihood of conviction in this matter and the prosecution ultimately entered a stay of proceedings,” said Forsythe in a statement to CTV News.
“The death of Mr. Maggipinto is a tragedy and our sympathies are with his family,” said Forsyth.
Maggipinto said it was important for her and her children now 17 and 20, for a judge to make a decision on the evidence and have the case go to a trial.
“There’s a lot of questions and we were not given any answers. We’re just supposed to accept that it’s done and move on? And trust me, it’s not easy to just move on.”
If someone is convicted of careless driving, under the Traffic Safety Act, the maximum penalty is a $2,000 fine.
“I would have preferred a conviction only because as it is now, Mike is completely to blame and I don’t believe that. There’s two people involved,” Maggipinto said. “If, in the end, the judge comes back with an acquittal, fine, at least we saw it through and it’s not just dropped.”
Maggipinto said her family is missing a huge piece of their puzzle – a husband of nearly 20 years, father and friend.
“There’s a huge void but we talk about him as much as we can…I miss everything about him.”
CTVNews.ca Top Stories
What is whooping cough and should Canadians be concerned as Europe declares outbreak?
There is currently a whooping cough epidemic in Europe, with 10 times as many cases compared to the previous two years. While an outbreak has not been declared nationwide in Canada, whooping cough is regularly detected in the country.
Ontario Provincial Police arrest 64 suspects in child sexual exploitation investigation
Ontario Provincial Police say 64 suspects are facing a combined 348 charges in connection with a series of child sexual exploitation investigations that spanned the province.
'Summer of discontent': Federal unions vow to fight new 3-day a week office mandate
Federal unions are launching legal challenges and encouraging public sector workers to file "tens of thousands" of grievances over the new mandate requiring federal workers to return to the office at least three days a week in the fall.
Watch fighter jet pilots pummel fake enemy ship off coast of Philippines
The United States and Philippines held annual joint-training drills just off the Southeast Asian nation’s western coast on Wednesday. Military forces sunk a 'mock' enemy warship – the BRP Lake Caliraya, which was a decommissioned tanker made in China.
'Ozempic babies': Reports of surprise pregnancies raise new questions about weight loss drugs
Numerous women have shared stories of 'Ozempic babies' on social media. But the joy some experience in discovering pregnancies may come with anxiety about the unknowns.
OPINION What King Charles' schedule being too 'full' to accommodate son suggests
Prince Harry, the Duke of Sussex, has made headlines with his recent arrival in the U.K., this time to celebrate all things Invictus. But upon the prince landing in the U.K., we have already had confirmation that King Charles III won't have time to see his youngest son during his brief visit.
'I killed four people': Trial hears video evidence of Jeremy Skibicki at Winnipeg trial
“I killed four people,” alleged serial killer Jeremy Skibicki told two homicide detectives during a recorded interview played as evidence in his trial Wednesday.
AstraZeneca says it will withdraw COVID-19 vaccine globally as demand dips
AstraZeneca said on Tuesday it had initiated the worldwide withdrawal of its COVID-19 vaccine due to a 'surplus of available updated vaccines' since the pandemic.
Seafood, eat food: Calgary Stampede releases Midway menu
The Calgary Stampede has released its menu of sweet, salty and spicy treats available on the Midway for the Greatest Outdoor Show on Earth.