Toronto man acquitted of charges in connection to 2015 hit-and-run that left mother of 3 dead

A Toronto man charged in connection to a 2015 hit-and-run collision in the city’s downtown core that left a mother of three children dead was acquitted Friday.

Nelisa Damota, 39, was struck while crossing Bloor Street West near Dovercourt Road on May 31, 2015, just after 9 p.m. by a car travelling westbound.

After Damota was hit, police said she was thrown into westbound traffic where she was struck by a second vehicle. She was taken to hospital, where she was pronounced dead.

READ MORE: Police seeking surveillance footage for clues in fatal hit and run

Deriba Wakene, 56, had been charged with one count of failing to stop at the scene of an accident causing death.

During his trial, Wakene said that he failed to remain at the scene because he had been unaware that he had hit anyone.

He was acquitted of all charges Friday by Justice Ramez Khawly, who said he believed Wakene’s defense that he had not known he had struck Damota.

“I was not there, he was. It may seem outlandish that he did not see, feel or hear the impact, but the law is clear,” Khawly said.

READ MORE: Toronto man charged in 2015 fatal hit-and-run that killed mother of 3

He said that there was no evidence of any “illegal road conduct prior to the evidence of excessive speed, no evidence of consumption of alcohol or distracted driving and road conditions were not the best for visibility,” at the time of the incident.

He also said that the case did not “conform” to a “classic” hit and run, pointing out that even Wakene’s action after the accident did not appear to be suspicious, as the vehicle was backed into the driveway where the “damage was clearly visible.”

“Accordingly as I believe him, I must acquit,” he said. “Charges dismissed.”

Damota’s widower, Helio Batista, told Global News after the verdict that he was “disappointed” and “not impressed” with the law system.

Batista described Damota as a “great person” and an “amazing woman” who had a “heart of gold.”

“She was really kind to everybody. To me, to my kids — to everybody. I can’t explain, like she was really, there’s nobody better that I know than she was.”

Batista said he and his family just walked out of the courtroom after the judge rendered his decision because they “had to.”

“How can you not feel that you hit something, or somebody?

According to Khawly, Wakene faced imprisonment for life if found guilty.

And though he may not believe Wakene deserves life in prison, Batista said there is no way that he should be acquitted.

“There’s no way he should be walking free going home to a warm bed after all he’s done.”

—With files from Nick Westoll