York Regional Police officer Nathan Coates walked into the Newmarket Courthouse with a hoodie over his head and a mask over his face, in an effort to avoid a Global News camera as he arrived to learn his fate in relation to a collision that left a Pickering, Ont., man with life-altering injuries in September 2019.
Justice Jonathan Dawe, who presided over the trial last summer, found Coates, 45, not guilty of impaired driving causing bodily harm, not guilty of dangerous driving causing bodily harm but guilty of not remaining at the scene of an accident and rendering assistance.
An earlier charge of over 80 mg of alcohol in 100 ml of blood was thrown out after Coates’ lawyer, Peter Lindsay, successfully argued his client’s charter rights were breached.
The results of the breath test found that at the time of his arrest, Coates had a significantly higher amount of alcohol in his system than the legal limit.
The judge found Coates’ rights were breached when police realized the charges against Coates were being upgraded, he should be told and once again been read his right to counsel.
And he should have been reminded of his right to counsel before the breath test was administered. And he further should have been told he had the right to a lawyer not just duty counsel.
On Sept. 29, 2019, Stuart Sweeney, 23, was riding his father’s Harley Davidson westbound on Highway 7 near York Durham Line when an eastbound Nissan Pathfinder being driven by Coates, who was off-duty at the time, crossed the centre line into Sweeney’s lane, striking the motorcycle and throwing Sweeney onto the grass.
Coates drove for nearly four kilometres before pulling over after his SUV broke down and did not call for help.
Sweeney managed to reach his phone, despite being seriously injured, and called 911 himself. When responding officers connected the two incidents, Coates was arrested at the scene.
Sweeney spent months in hospital and had to have his left leg amputated above the left knee. He also underwent two surgeries to have his left arm reconstructed.
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Coates was coming home from a slowpitch tournament at the time of the collision and because his blood alcohol reading was thrown out, the judge had to rely on evidence given from witnesses, including three of his softball teammates, the arresting officer and in-car camera video from the police officer who arrested Coates.
All three teammates testified they did not remember Coates having more than two drinks. Ultimately, the judge found none of the witnesses reliable.
While Const. Pavol Zec recalled that he saw Coates swaying, noticed drowsy eyes and smelled alcohol on his breath, Justice Dawe said he had reservations about Zec’s testimony given that on the in-car camera footage played in court, Coates did not seem impaired.
Dawe called Zec’s evidence “problematic,” saying the interaction with Coates was brief before arresting him.
“Based on the in-car camera video, Police Constable Zec essentially makes a bee-line for Mr. Coates and handcuffs him,” even though they had only spent 12 seconds together.
Dawe said the evidence of the officers who interacted with Coates after he was arrested and booked testified they saw nothing to cause concern. Dawe also said while it’s possible Coates’ actions in driving away from the accident scene potentially supported the theory of impairment, the driver’s behaviour in leaving the scene also supported the inference he was not thinking clearly. Court heard Coates suffered a concussion at the time of the collision.
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“The evidence towards Mr. Coates seems to weigh against impairment. I do not think the circumstantial evidence moves the needle to establish beyond a reasonable doubt he was impaired,” said Dawe.
In finding Coates not guilty of dangerous driving causing bodily harm, Justice Dawe was not satisfied that driving 100 km/h in a 70 km/h zone was significant enough on its own to be a marked departure from the standard of care.
The judge said he was not satisfied that the collision was caused by a tire blown out on Coates’ SUV, but said it could explain why Coates swerved into the oncoming lane, as the defence suggested.
“If it crossed the centre line due to a tire blow out, it wouldn’t be a marked departure from the standard of care, crossing into the path of Mr. Sweeney,” said Dawe.
Justice Dawe did, however, reject the defence theory that the reason Coates did not pull over for 3.8 kilometres after the crash was because he had suffered a concussion and was in a state of automotism.
“While I’m prepared to accept he was experiencing some degree of confusion due to his concussion, why was he not fit to call 911?”
Coates’ took the stand in his own defence on this charge alone, the judge calling it “an unpersuasive mix.
“Purportedly clear memories of some things and excuses for other things,” Dawe said, adding that Coates chose to remember the evidence he wished to rebut.
“I am satisfied beyond a reasonable doubt without stopping and rendering assistance, he knew what he did and was acting intentionally,” Dawe concluded.
Stuart Sweeney’s parents and relatives sat in the gallery taking notes. Stuart, who testified at trial, was noticeably absent. Vern and Doris Sweeney tell Global News that Stuart, now 26, has had a very difficult time since the collision, not only because he lost a leg.
A sentencing hearing on the conviction of failing to stop after an accident will be held in January. Coates remains out on bail, suspended with pay from the York Regional Police Service.
Coates is a 14-year member of the York Regional Police.
Dawe said Coates is also facing a civil lawsuit filed by the victim’s family in relation to the collision.
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