A man in his 60s charged in a deadly hit and run involving a motorcycle in May 2015 was found not guilty on Monday.
David Gershon Bookhalter was charged with failing to stop at the scene of an accident knowing death was caused in connection with the crash in south Edmonton on May 11, 2015.
Court of Queen’s Bench Justice Denny Thomas ruled that Bookhalter was reliable and credible in his testimony and said the Crown prosecutor failed to prove otherwise.
READ MORE: Trial begins for man charged in deadly 2015 Edmonton hit and run
The crash happened on the 122 Street overpass at Whitemud Drive shortly after 8 p.m. A woman was killed when a left-turning vehicle hit the motorcycle she was on. The man driving the motorcycle was seriously injured.
During the trial, Bookhalter testified that he didn’t see the motorcycle and didn’t know that he was in a collision until he arrived home.
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Bookhalter said that he felt and heard a bump while driving. His passenger side airbag deployed, but he said that he didn’t know why so he continued driving home. He testified that it wasn’t until he arrived home and saw the damage on his vehicle that he realized he was in a collision.
Court heard that Bookhalter was visibly upset when learning from an Edmonton police officer that a woman was killed at the crash scene. Thomas said he believed the reactions were sincere and that the distress was not contrived.
Thomas also said that Bookhalter was never argumentative or defensive when Edmonton police officers arrived at his door to ask him questions.
The driver of the motorcycle – Michael Liu – was the first person to testify in the case. His girlfriend, 26-year-old Christina Shi Jim Goh, was killed in the crash.
Liu told court he and his girlfriend of one-and-a-half years were out for an evening ride on the motorcycle, driving a route they had taken many times. He told court the last thing he remembers was hitting the brakes and flying over the handlebars of the motorcycle.
READ MORE: Driver charged in fatal hit-and-run crash involving motorcycle
Liu said he spent about three weeks in hospital followed by about a month at the Glenrose Rehabilitation Hospital. He said he suffered many injuries, including a broken femur, broken left collarbone, back fractures, lower-spine fractures and a concussion.
In his decision, Thomas said he believed Bookhalter when he testified that he didn’t see the motorcycle or know that his vehicle was in a collision.
Thomas also said that it’s reasonable to conclude that Bookhalter could have thought that he hit a pothole when he felt and heard the bump.
The prosecutor in the case, John Baharustani said he was understandably shocked and that “the Crown is considering an appeal.”
“The decision speaks for itself,” Kent Teskey, the defence lawyer, said following the decision.
With files from Global’s Caley Ramsay
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