In the case of the driver accused of hit-and-run after killing a 7-year-old Ukrainian refugee, negotiations are ongoing before a judge who recently had to deal with a similar case.
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“We are trying to find out if the case could be solved by avoiding a trial,” explained Me Sylvie Dulude of the Crown this Tuesday at the Montreal courthouse.
Shortly before, the Juan Manuel Becerra Garcia case was heard again in court to take stock of its progress, just over a year after the death of little Mariia Legenkivska, who was hit by a Jeep Grand Cherokee vehicle in Sainte-Marie district.
The affair shocked Quebec, especially since the child and his mother had just fled the war in Ukraine to settle in Montreal. But on the way to school, she was killed by the vehicle driven by Becerra Garcia, according to police.
conversations
However, if it had been an accident, Becerra Garcia should have stayed there, according to the Crown, which believes the defendant must have known he had just hit a child. And because the driver continued driving without stopping, he was later arrested and faced a hit-and-run fatality charge.
The case is about whether Becerra Garcia knew he had hit little Mariia. And if so, whether he deserves a prison sentence or not.
“At this point we are still in negotiations and discussions,” said Éric Coulombe of the defense, careful not to reveal any details about the relief currently underway. This confidential process, which takes place before a judge, aims to “find a legal solution” to a case.
“The conference will take place behind closed doors and will follow flexible rules designed to promote agreement between the parties on the issues in dispute,” Quebec court documentation said.
A judge who knows his stuff
In this case, Pierre E. Labelle was selected as a “mediator” judge who is familiar with hit-and-run cases. Just last year he had to assess the case of a truck driver who fatally hit a cyclist on the Mont-Royal plateau before continuing his journey as if nothing had happened.
After hearing all the evidence and analyzing the legal rules, the judge found the truck driver guilty. However, he subsequently ordered that the defendant serve a sentence at home.
For Becerra Garcia, it is unclear whether the parties will ultimately reach an agreement, but the defense has indicated it is unwilling to settle at any price.
“If it does not work [la facilitation]“We will go to court,” Me Coulombe concluded.
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