Former delivery driver acquitted in Prince Albert manslaughter case

On May 18, 2022, 31-year-old Allan Andres was struck outside the Arby’s restaurant he co-managed.

Just minutes prior, there had been a verbal argument between Andres and Bihola over a drink order that was messed up the day prior. Andres ran out the back door of the Cornerstone area business and confronted Bihola, proceeding to kick and punch the delivery driver.

A photo taken of the shrine at the home where Allan Andres lived with his wife and two daughters. (Nigel Maxwell/ paNOW Staff)

Bihola, who did not fight back, got back into his rental car and attempted to drive away.

Andres meanwhile, who had positioned himself near the front left side of the vehicle, was knocked to the ground, suffering both a serious head injury and a leg fracture.

He passed away in hospital the following week. From the onset of the court case, Bihola’s family and friends maintained it was an accident and that was reiterated again by Bihola who noted the case is two and a half years old.

“I trusted it was accident like I didn’t mean to do anything. I knew from the first day when I I trusted the system,” he said.

Going forward, Bihola said he plans to leave the area and start his own business.

Several members of the Andres family were in court for the verdict, including Allan’s widow who appeared by phone and Allan’s brother Gerald who drove in from Edmonton.

“There’s something wrong with the justice system,” Gerald said. “My brother is buried six feet under the ground while that guy is going back out into the community.”

A photo of the once happy family. (Nigel Maxwell/paNOW Staff)

The reasons for the verdict

Because Bihola was charged with manslaughter and the incident involved the use of a vehicle, Justice Meschishnick noted the requirement under the Criminal Code to also consider a lesser offence of dangerous dangerous driving causing death.

“There was no evidence as to the speed the accused’s vehicle was moving at the time of the incident or whether it was accelerating before the collision,” Meschishnick wrote.

A video played for the court during trial showed the vehicle briefly rising up off the ground, but it was unclear exactly what the vehicle had rolled over.

Among those to testify was a woman who claimed she saw Andres under the car and that the car had to be moved so paramedics could place him on the stretcher.

However the pathologist’s examination determined there were no tire marks found on the victim, and Andres was lying more parallel to the vehicle, as opposed to a right angle.

“It can only be that it ran over the victim’s foot or lower leg while he is in a standing positon leaning towards the vehicle with his right foot forward,” Meschishnick said, adding it is not apparent or obvious any portion of the vehicle other than the front driver’s side came into contact with the victim.

The entire incident lasted less than five seconds and multiple calls were made to 9-1-1. The first one was from Bihola himself who stopped to check on Andres. Another witness arrived on scene, pushed Bihola away and tended to Andres until paramedics arrived.

During Bihola’s over 90-minute long warned statement for police, he was visibly emotional and repeatedly stated it was not his fault, insisting Andres got in his way.

“While this post incident conduct does not itself necessarily lead to a conclusion that the accused did not intend to collide with the victim, it is certainly consistent with the conclusion that he did not intend to do so,” Meschishnick said.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell

by Nigel Maxwell

Former delivery driver acquitted in Prince Albert manslaughter case

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