Speeding driver who killed boy claims he was wrongfully convicted

Not liable in death, driver argues

A speeding motorist who had alco­hol in his body when he struck and killed a 12-year-old boy claims he has been wrongfully convicted of a crime.

Pernell Guimond appeared be­fore the Manitoba Court of Appeal Tuesday, arguing he shouldn't be held liable because he had no way of knowing about the pedestrian in his path and thought it was safe to pass a slower vehicle when he saw no oncoming traffic. He claims he should have only been found guilty of a Highway Traffic Act violation.

The high court has reserved its decision.

Guimond was convicted last year of dangerous driving caus­ing death for the August 2006 crash at Sagkeeng First Nation. He was given a two-year condi­tional sentence, which allows him to remain free in the community. The Crown had sought real cus­tody, but did not appeal the pen­alty.

Brent Guimond -- no relation -- died of massive trauma after being hit while walking along the main highway through the com­munity, 145 kilometres northeast of Winnipeg. A young female friend, who was with the boy at the time, escaped injury. They were on the poorly lit road be­cause they were afraid of bears lurking in the nearby woods, the judge was told. The girl was in the middle of the road and Guimond swerved to avoid hitting her, only to strike the boy, who was closer to the shoulder of the highway.

Guimond had been travelling west on Highway 11, stuck behind a van. He started to pull around the van -- into the oncoming lane -- when the two young pedes­trians appeared in his headlights, their backs to Guimond's car.

His case made headlines ear­lier this year after a Free Press investigation revealed he admit­ted to drinking, smelled of booze and failed two roadside screening tests following the fatal crash. By the time Guimond went to trial, all alcohol-related charges had disappeared. A provincial court judge ruled the alcohol evidence inadmissible based on problems with the way police collected it at the scene, including a lack of de­tailed notes about important con­versations.

What this man did (passing a vehicle and killing the boy) is a mistake anybody could have made and he should not be criminalized. He should be acquitted completely. It was dark and he probably didn't see the boy until the last minute, when it was too late to slam on the brakes. 

Escalating tension between prosecutor and ex-cop lovers, in criminal harassment trial

Feuding pair in eye of storm involving deadly driving case

Romance takes an ugly turn; court hears of escalating tension between prosecutor, ex-cop lover

- A Manitoba Crown attorney says claims by her former RCMP officer boyfriend she mishandled a deadly driving case is the latest example of his attempts to intimidate her.

- Debbie Buors told court this week she did nothing wrong in the prosecution of Pernell Guimond, which is now the subject of an out-of-province judicial review. She questioned the motives of RCMP Cpl. Jeff Moyse, who recently spoke out about Buors not calling him as a witness in the high-profile case. Moyse is now on trial for criminal harassment of Buors.

- Guimond admitted to drinking, smelled of booze, failed two roadside screening tests and then refused a breathalyzer after his speeding car mowed down a 12-year-old boy, Brent Guimond, on the side of a darkened highway near Sagkeeng First Nation in August 2006.

- Yet by the time Guimond, who was no relation to the victim, went to trial last year in Winnipeg, all alcohol-related charges had disappeared. Guimond was given a conditional sentence in January after being found guilty of dangerous driving causing death.

- Alberta Justice officials will review every facet of the Guimond case to see if there was any wrongdoing by his office.

- RCMP have launched a similar probe of their own conduct.

- Moyse was the senior officer who signed off on criminal charges, including impaired driving causing death and refusing a breathalyzer. Moyse began dating Buors in April 2008, several weeks before Guimond's preliminary hearing began.

- Moyse wasn't at the scene of the crash, but said he had detailed notes about his dealings with Guimond back in the RCMP station and how the accused refused to submit to a breathalyzer test. Yet Moyse says he was surprised when his girlfriend never called him to the witness stand, believing he had important evidence to offer.

- The rocky romance between a Manitoba Crown attorney and an RCMP officer culminated in two ugly confrontations -- one inside a courtroom, the other inside a police station -- that left several victims of crime unwittingly caught in the crossfire.

- Relationship between Cpl. Jeff Moyse and prosecutor Debbie Buors, specifically its impact on the administration of justice. Moyse is on trial this week for criminal harassment of Buors but has denied wrongdoing.

- Buors is claiming a continued pattern of threatening, intimidating behaviour following their break-up in December 2008. The pair had started dating in April of the same year.

- Sue Stirling, a victim services worker with the provincial Justice Department, told court how a "serious escalation" of their issues triggered a tense scene inside the Powerview RCMP detachment on March 12, 2009.

- Buors, who handled the court circuit for the area, went to the station to interview two crime victims for upcoming trials as part of a pre-arranged meeting. But Moyse refused to let her go inside the building, telling a junior officer she was barred from the premises.

- "He was very forceful. His eyes were bulging, forehead sweating, fists clenched," Stirling said of Moyse. Buors was equally defiant about her position, telling Stirling "He can't stop me; I've got work to do, there are clients waiting."

- Both sides made threats to call their superiors, but cooler heads eventually prevailed and Buors was allowed access to one interview room. Stirling told court Tuesday the embarrassing incident was unacceptable.

- Stirling described another disturbing confrontation that occurred inside a Powerview courtroom in January 2009. Buors was preparing for a trial that day when Moyse appeared, asking her "Why are you angry with me?" Buors told him "I can't deal with this right now," but then went to another room with him. She returned a short time later, clearly upset, telling Stirling she needed to adjourn the scheduled hearing.

- "At court that day, it seemed there was a major shift in how they interacted with each other. The professionalism seemed to be missing."

- Buors was on the witness stand Tuesday morning, saying she reached her "breaking point" when she sent a sharply worded email to Moyse on March 11 -- the day before the police station incident. In it, Buors wrote she was putting Moyse "on notice" she would seek a restraining order and/or criminal charges if he had any further contact with her.

- "I will not tolerate your abuse any further," she wrote in her final sentence.

- Moyse's lawyer accused Buors of trying to cause trouble by going to his client's workplace the very next day, knowing he was on duty.

- "The only thing you were doing was baiting the bear," questioning why Moyse would allow Buors to get anywhere near him based on the threatening email.

- "That's not true. We were two professionals. We should have been able to act like ones," said Buors. She went to police with the harassment complaint days later.

- Defence drilled Buors on her role in the relationship, including the fact she still owes Moyse more than $4,000 worth of cash and property for which the officer is now suing her in civil court. Buors also admitted she has recently been the subject of two provincial wage garnishment notices after failing to pay numerous speeding tickets in her name.

- Buors blamed her troubles on the sudden deaths of her parents and troubles at home with her teenaged son.

- Buors insisted she did nothing wrong, saying Moyse was the instigator and frequently blamed her friends and co-workers for their relationship going south. Her sister, Catherine, testified Tuesday how Moyse called her in late December 2008, claiming Buors was a "crazy lady" who might harm herself. Buors then phoned an hour later, screaming Moyse had broken into her house and was holding her arms behind her back.

- "She was screaming to 'get this psycho out of my house,' " she said. Police were never called and no charges filed for that incident.

- Special prosecutor Ryan Rolston is expected to conclude the case against Moyse today by calling several of Buors' colleagues in the Crown's office to testify.