04-30-2014, 07:25 PM
Okay, this report sheds some light on things.
Snip:
A collision reconstruction team from the South Simcoe Police Service investigated the crash; their 26-page report found that the “lack of visibility” of the cyclists “was the largest contributing factor,” and that on a dark overcast night, “the driver of the Kia did not see the cyclists on the roadway and was unable to make an evasive reaction.”
The report says police consulted with a local Crown prosecutor, who told them there was “absolutely no reasonable prospect of conviction and that no charges should be laid.”
But Brandon’s father, Derek Majewski, was gobsmacked this week when he walked out of his lawyer Brian Cameron’s office having just learned that, as he put it, “my dead son and the boys are being sued by the woman that killed him because she is distraught. “Normally, I would not react like this,” he told Postmedia in an email, “but I think it’s very cruel.”
Mr. Majewski and his ex-wife, Venetta Mlynczyk, have lingering questions about the quality of the investigation. They particularly believe that the boys were blamed for the accident that killed Brandon — that it was their fault because only two of the bikes had what the police called “minimal reflectors,” because they were riding abreast, because their clothing was dark, albeit with reflectors, because they weren’t wearing helmets.
As Mr. Majewski put it, “They’re kids; they’re allowed to make a mistake.”
Ms. Mlynczyk later complained to the Office of the Independent Police Review Director — she alleged that one of the investigators from South Simcoe was friends with Ms. Simon’s husband, Jules Simon, and, in essence, that the investigation was mismanaged or biased.
That complaint was referred back to the South Simcoe force for investigation, and in a September 2013, report, the review concluded that the allegation of discreditable conduct against the officer was unsubstantiated and that the original probe was thorough.
Mr. Majewski remains concerned that the force investigated itself, and said he had expected that an outside force, such as the Ontario Provincial Police, would have been asked to handle it.
The South Simcoe review also addressed a number of the mother’s other concerns, many of which appeared to have sprung from town rumours.
One such was that Ms. Simon’s husband, Jules, was a member of the South Simcoe force, but as the report to Brandon’s mother said, in fact he is an officer with York Regional Police who had never met the investigator from Simcoe before.
The report also confirmed that Ms. Simon, who acknowledged driving at about 90 k.p.h., above the 80 k.p.h. limit, wasn’t required to take a breathalyzer test because there were “no grounds to request” one. A roadside screening device was administered “out of an abundance for caution,” the report said, and registered “zero alcohol content in her blood system.” (HOTD: good to hear that Simon was at least screened for alcohol intoxication.)
That report didn’t address what Mr. Majewski says South Simcoe police told him – that Ms. Simon’s husband had been following her home on the night in question. (HOTD: I think this is why the Majewskis are insinuating Ms. Simon must not have been in any condition to drive.)
Mr. Majewski, Ms. Mlynczyk, their new partners and their children are also suing Mr. and Mrs. Simon and Simcoe County for a total of $900,000. Their suit alleges Ms. Simon was speeding, under the influence or texting at the time of the accident, and that Mr. Simon allowed her to drive the SUV when “he knew or ought to have known” she was in no condition to do so.
None of the claims in either suit has been tested or proved.
However, the Majewski-Mlynczyk statement of claim, filed last March, is much more the norm: Whatever else, it is their son who was killed. (HOTD: so there it is -- while several media sources were reporting Mr. Majewski's surprise and outrage over Simon's suit, they neglected to note that it was a counter-suit -- which makes more sense to me).
http://fullcomment.nationalpost.com/2014...suffering/
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There seems to be little evidence to support the Majewski's claims against Simon -- they may be true, but they're only suspicions and doesn't look like they could be proven.
I think Ms. Simon should have simply gone to civil court and defended herself against the Majewski's suit rather than file a $1.35 million counter-suit for pain and suffering, which still seems callous to me (but, I don't know what her lawyer may have advised her and haven't heard her side of the story because she's not talking to media).
Snip:
A collision reconstruction team from the South Simcoe Police Service investigated the crash; their 26-page report found that the “lack of visibility” of the cyclists “was the largest contributing factor,” and that on a dark overcast night, “the driver of the Kia did not see the cyclists on the roadway and was unable to make an evasive reaction.”
The report says police consulted with a local Crown prosecutor, who told them there was “absolutely no reasonable prospect of conviction and that no charges should be laid.”
But Brandon’s father, Derek Majewski, was gobsmacked this week when he walked out of his lawyer Brian Cameron’s office having just learned that, as he put it, “my dead son and the boys are being sued by the woman that killed him because she is distraught. “Normally, I would not react like this,” he told Postmedia in an email, “but I think it’s very cruel.”
Mr. Majewski and his ex-wife, Venetta Mlynczyk, have lingering questions about the quality of the investigation. They particularly believe that the boys were blamed for the accident that killed Brandon — that it was their fault because only two of the bikes had what the police called “minimal reflectors,” because they were riding abreast, because their clothing was dark, albeit with reflectors, because they weren’t wearing helmets.
As Mr. Majewski put it, “They’re kids; they’re allowed to make a mistake.”
Ms. Mlynczyk later complained to the Office of the Independent Police Review Director — she alleged that one of the investigators from South Simcoe was friends with Ms. Simon’s husband, Jules Simon, and, in essence, that the investigation was mismanaged or biased.
That complaint was referred back to the South Simcoe force for investigation, and in a September 2013, report, the review concluded that the allegation of discreditable conduct against the officer was unsubstantiated and that the original probe was thorough.
Mr. Majewski remains concerned that the force investigated itself, and said he had expected that an outside force, such as the Ontario Provincial Police, would have been asked to handle it.
The South Simcoe review also addressed a number of the mother’s other concerns, many of which appeared to have sprung from town rumours.
One such was that Ms. Simon’s husband, Jules, was a member of the South Simcoe force, but as the report to Brandon’s mother said, in fact he is an officer with York Regional Police who had never met the investigator from Simcoe before.
The report also confirmed that Ms. Simon, who acknowledged driving at about 90 k.p.h., above the 80 k.p.h. limit, wasn’t required to take a breathalyzer test because there were “no grounds to request” one. A roadside screening device was administered “out of an abundance for caution,” the report said, and registered “zero alcohol content in her blood system.” (HOTD: good to hear that Simon was at least screened for alcohol intoxication.)
That report didn’t address what Mr. Majewski says South Simcoe police told him – that Ms. Simon’s husband had been following her home on the night in question. (HOTD: I think this is why the Majewskis are insinuating Ms. Simon must not have been in any condition to drive.)
Mr. Majewski, Ms. Mlynczyk, their new partners and their children are also suing Mr. and Mrs. Simon and Simcoe County for a total of $900,000. Their suit alleges Ms. Simon was speeding, under the influence or texting at the time of the accident, and that Mr. Simon allowed her to drive the SUV when “he knew or ought to have known” she was in no condition to do so.
None of the claims in either suit has been tested or proved.
However, the Majewski-Mlynczyk statement of claim, filed last March, is much more the norm: Whatever else, it is their son who was killed. (HOTD: so there it is -- while several media sources were reporting Mr. Majewski's surprise and outrage over Simon's suit, they neglected to note that it was a counter-suit -- which makes more sense to me).
http://fullcomment.nationalpost.com/2014...suffering/
----------------------------------------------------------------------------------
There seems to be little evidence to support the Majewski's claims against Simon -- they may be true, but they're only suspicions and doesn't look like they could be proven.
I think Ms. Simon should have simply gone to civil court and defended herself against the Majewski's suit rather than file a $1.35 million counter-suit for pain and suffering, which still seems callous to me (but, I don't know what her lawyer may have advised her and haven't heard her side of the story because she's not talking to media).