Lindsay Findlay’s family sat in an Oshawa courtroom Monday for what would have been day 13 of the trial of Jordan Ohayon, the Toronto man accused of killing Findlay while drunk behind the wheel in February 2015. But instead of hearing more testimony, there was a surprise guilty plea.
Ohayon’s lawyer told the court the case had come to a resolution and Ohayon would be pleading guilty to one of the three counts he was originally charged with, driving with over 80 milligrams of alcohol in 100 millilitres of blood causing death. Family members said they was shocked and relieved.
“Just seeing him in the courtroom today and hearing that plea of guilty, for me anyway, it felt good,” said Findlay’s daughter Brittany. His widow Sandy agreed.
“It did, it felt really good,” said Sandy.
WATCH: Man faces impaired driving charge after fatal highway crash in Whitby. Catherine McDonald reports. (Feb. 4, 2015)
Lindsay, who was from Arnprior, Ont., was driving his transport truck on Highway 401 westbound near Brock Road in Whitby on Feb. 3, 2015 at around 10 p.m. when the Jeep Wrangler in front of him lost control. Lindsay was unable to avoid the Jeep, being driven by Ohayon, and rear-ended it. The big rig then rolled over and Lindsay died.
Ohayon was arrested at the scene and charged with impaired driving causing death, driving with over 80 milligrams of alcohol in 100 millilitres of blood causing death and dangerous driving causing death.
The Findlay family told Global News Ohayon testified while his lawyer was trying to have some evidence dropped during a Charter of Rights motion that he had been drinking that day while ice fishing on Lake Scugog.
“He did testify that he drank six drinks that were tall boys as well as pints at lunch previously that day, so he was well over the blood alcohol limit. The first reading was .138 and the second reading 17 minutes later was .119,” said Lindsay’s son-in-law Mitch.
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READ MORE: Man faces impaired driving charge after fatal highway crash in Whitby
“So he was beyond obliterated and should not have been driving that night.”
The judge dismissed the Charter motion, which is part of the reason why Ohayon’s lawyer said they decided to enter the guilty plea.
Ohayon, a father of two young children, left the courthouse with a binder covering his face as he tried to avoid the camera. He refused to comment.
Sentencing will take place in September. Ohayon remains free on $15,000 bail until then. Crown and defence lawyers are expected to propose a joint submission for Ohayon’s sentence of two years less a day in jail. They have not agreed on the length of the proposed driving ban. The Crown said they would like a 10-year driving ban. The defence said it’s seeking a five-year ban.
With files from David Shum
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