Verdict reserved in Prince Albert manslaughter case

As per evidence heard during the trial, the collision occurred near the restaurant’s drive-thru and happened not long after a verbal and physical altercation between Andres and Bihola over a drink order.

At the time Bihola worked as a Skip the Dishes driver and had pulled up to the drive-thru window to pick up an order.

He was immediately subjected to a verbal lashing by Andres’s wife who was upset over the fact she could see an Arby’s cup sitting in the front passenger side door. It was the same drink that had been allegedly refused by a customer the day prior and Andres’s wife accused Bihola of stealing.

Bihola, who by this time had already taken the new order, responded with a “f** off” and began to drive away before stopping near the drive-thru exit and throwing out the new drink order.

The collison occurred in this area. (Nigel Maxwell/ paNOW Staff)

While Bihola was parked and allegedly calling his supervisor, Andres emerged from the back door of the restaurant and called out Bihola. When Biihola got out of his rented car, he was then slapped in the face by Andres and kicked twice.

Not one for physical confrontation, Bihola got back in the car and tried to drive away but while doing so struck Andres on the front left driver’s side. With his leg caught in the tire, Andres fell to the ground, hitting his head on the pavement and going unconscious. Andres’s right shoe would slide off and land several feet away.

At one point the car appeared to lift slightly off the ground, but it was unclear as to what the actual reason was due to conflicting evidence of where Andres was standing. One witness also testified to seeing an angry Andres in motion as he attempted to stop the car.

Multiple calls were made to 9-1-1, the first one from Bihola himself who had stopped to check on Andres. Another witness arriving on scene, then pushed Bihola away and attempted to tend 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 had gotten in his way.

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

Arguments

Stating a need not to prove Bihola had intent to hurt Andres, bur rather simply know his actions could cause somebody bodily harm, Crown Prosecutor Manmeet Rai said his theory was Bihola either wanted to assault Andres or was simply not being careful and possibly distracted as he attempted to drive away.

Further noting Andres was at one point positioned near the driver’s side window and looking in through the front window, Rai said the onus was on Bihola as the driver to be aware of his surrounding and proceed in a careful manner.

“He should have known there was an individual in that vicinity,” he said.

Rai also stated Bihola had every opportunity to drive away.

“He did not have to step out,” he said.

In turn, defense lawyer Garth Bendig noted there was no accident reconstruction report to show how fast Bihola had allegedly accelerated and that the entire event lasted over the course of three seconds and within a second of hitting Andres, Bihola had stepped on the brake.

“That’s not negligence, that’s not reckless,” he said.

Further noting Bihola’s warned statement, and that Bihola stopped right away to check on Andres, Bendig asked if someone wanted to hit someone, would they stop.

‘If you wanted to do it, I don’t think so,” he said.

Several members of the Andres family were in court all week for the trial, and Allan’s widow was among the Crown’s witnesses.

nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell

by Nigel Maxwell

Verdict reserved in Prince Albert manslaughter case

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