A Kelowna man accused of killing a young child who was jaywalking has been convicted of impaired driving causing death.
In August 2010, Trey Alphonse, 6, and his mother Iris were jaywalking on Highway 97 in front of Orchard Park Mall when a vehicle driven by Cody Wengenmayr struck them.
Trey later died in hospital. His mother suffered a broken leg.
On Friday, a judge ruled Wengenmayr was guilty of impaired driving causing death and impaired driving causing bodily harm.
He was also convicted of causing an accident that caused death and causing an accident that caused harm. Wengenmayr was acquitted of dangerous driving causing death.
Expert testimony during the trial revealed Wengenmayr’s blood alcohol level at the time of the crash was between 0.11 and 0.14. The legal limit is 0.08.
Wengenmayr’s lawyer Dave Johnson blamed Iris for creating an emergency situation by jaywalking across the busy highway, suggesting “if it had not been for the fact that the accused had alcohol in his system, Ms. Alphonse may have been charged with criminal negligence causing death”.
He will be sentenced at a later date.
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