The man charged with the killing of a woman in a crash near Hedley, three years ago, was found guilty in a Penticton court on Friday.
Andrey Malyshev was charged with the dangerous operation of a motor vehicle causing death, stemming from a collision on Highway 3 that killed Alanna Dunn on March 22, 2019.
“I am satisfied beyond a reasonable doubt by the dashcam video that Mr. Malyshev’s driving that night demonstrated a profound and prolonged disregard for the rules of the road and the safety of others,” said Judge Keyes.
On that day, Malyshev had been driving a tractor-trailer and had repeatedly crossed the centre line of the highway, as well as driving onto the wrong side of the lane based on dashcam footage viewed by the judge.
Immediately prior to the crash, the dashcam footage shows that Malyshev’s truck was straddling the double-yellow centre line for over a minute, before going into a turn and flipping onto its side. In the six seconds, before it flipped, the lights of Dunn’s car could be seen in the video.
In addition to the dashcam footage, an RCMP expert in collision reconstruction provided his breakdown of the data retrieved from the electronic control module the truck was equipped with.
Based on evidence from the scene, including skid and gouge marks in and around the crash, Dunn had already pulled off the travelled portion of the highway in what Judge Keyes said appeared to have been an attempt to avoid the tractor-trailer.
The officer testified that the marks left on the road were consistent with the trailer slowly tipping over, not a sudden change in direction and that there was no indication of brake marks by the tractor-trailer.
At the time of the crash, while Malyshev was taking the corner at speeds of 74 to 84 kilometres an hour, he was above the recommendation of 64 km/h but still lower than the legal limit of 100 km/h.
“Even if theoretically the rollover had been the result of an attempt to avoid a collision with Ms. Dunn’s vehicle by turning right, Mr. Malyshev cannot overcome the fact that he had created the risk of a collision with an oncoming vehicle when he drove fully or in the oncoming lane,” said Judge Keyes.
“I find by the time Mr. Malyshev chose to return to his own lane, the rollover and the collision with Ms. Dunne’s vehicle causing her death was inevitable.”
A sentence for dangerous operation causing death can carry a sentence of up to 14 years.
Malyshev is scheduled for a further court appearance on June 29.
The trial had been briefly delayed in 2021 while an English-Russian translator was found for Malyshev.
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