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Family stunned by verdict in construction flagger’s death

WINNIPEG – Brittany Murray’s parents were stunned and disappointed Friday after the man who killed her was acquitted of all wrongdoing.

“With this decision it just seems like absolutely no one’s responsible for the death of Brittany,” said Charlene Harrison, Brittany’s mother.

Murray, 21, was killed on Oct. 18, 2010, while working as a construction flagger on Highway 207 in the Rural Municipality of Springfield.

Mitchell Blostein, 70, was charged with dangerous driving causing death after an investigation found he was travelling 112 kilometers per hour through an area marked 60 km/h when passing workers.

The judge found Blostein not guilty.

“I’m very disappointed and very sad about the judge’s decision,” said Harrison. “I still believe going 112 in a 60, regardless of what the signage is, to me it’s still dangerous driving.”

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Blostein said he didn’t see Murray until it was to late.

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“Remorse is too light a word. I mean, he went through hell,” said Hymie Weinstein, Blostein’s lawyer. “They were worried about him committing suicide.”

Justice Doug Abra believed Blostein’s testimony that he didn’t see Murray or workers. Court heard Murray was about 200 metres away from where crews were working; Blostein’s lawyer said his client didn’t slow down because he didn’t see workers or Murray.

“What do you do if there’s no workers? If you don’t see any workers, the evidence was that the workers were further down the road,” said Weinstein.

The judge agreed.

“If Ms. Murray had been flagging at a location much closer to the work site, where a driver could see the workers, the speed limit of 60 km/h might apply,” he said.

“60 when passing workers — well then someone needs to step up and remove those signs. It should just be 60, period,” Murray’s emotional mother said outside court Friday.

Murray was wearing iPod ear buds, which court heard was against job site rules, and the judge said that prevented Murray from paying proper attention.

Murray’s parents said they’re disappointed and they worry their daughter’s death was in vain if no one is held accountable.

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They cried and hugged after the verdict came down and through the media, pleaded with drivers to slow down.

“We got to refocus with our family,” said Neil Murray, Brittany’s father, “say a prayer for our girl and hope she knows we tried our best.”

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