29-year-old Cole Allard was found not guilty at the Pembroke courthouse this week in the case of dangerous driving causing death involving then-29-year-old Jordana Yakabuskie of Pembroke. Reports indicate that Justice Phillips began to read his verdict after he reviewed the events leading up to Yakabuskie’s death on the evening of February 19, 2022, when she was struck and killed by a pickup truck driven by Allard. Phillips pointed to a key piece of evidence in the case. A video began with Yakabuskie saying ‘I am getting the f*** out’ and Mr. Allard replied ‘ok’ as she exited the vehicle but reached in and grabbed the phone. The footage then becomes blurred as Allard drove away a distance of 23 metres and the sound of wind is heard on the recording. At that point Allard brought his truck to a complete stop and exited the vehicle to run back where he found Yakabuskie lying on the snow-covered area shoulder. He then picked her up, placed her in the backseat, and drove to Renfrew Victoria Hospital where attempts were made to stabilize her in the hopes of airlifting her to the Ottawa Trauma Centre. However, she succumbed to her injuries and was pronounced dead shortly before midnight.
A short time later, police interviewed Mr. Allard and in his statement, Mr. Allard stated Ms. Yakabuskie purposely jumped from the truck when he was attempting to slow down in order to let her exit the truck once it came to a full stop. He later recanted the statement and said it was made in a state of panic and embarrassment and he did not want to be found out for fear of accusation.
According to Yahoo News, when Justice Phillips read the not guilty verdict, he stated “Trying to open the door was an inherently risky act, even dangerous. I cannot see how a prudent driver could reasonably anticipate that this passenger who had just purposely and angrily exited his vehicle would move towards the vehicle as it drove off. Even allowing for her anger and apparent intoxication would have her move toward the truck and indeed, it is reasonable to move away or disengage any further contact with the truck.
“This accident occurred because Allard did not anticipate Yakabuskie would seek access to the truck after he pulled away even after she expressed a fervent desire to be away from it, and its driver. There is no evidence indicating Allard drove away from the scene fast or not straight. His failure to anticipate she would attempt to wrench the door handle is not a marked departure from the standard expected of a reasonably prudent driver.
“His failure to notice that she grabbed and broke the rear handle could be considered careless, but I cannot find it was a marked departure. He was endeavouring to move the truck forward on the shoulder and not purposely accelerating in speed to rejoin the highway. He did not appear to steer the vehicle, but drove it in a short line.”
“The tragic death of Yakabuskie was a result of Allard failing to anticipate her to do something unexpected, irrational and surprising. While every driver must be prepared for the unexpected, I cannot find that the failure to anticipate the unexpected and unique circumstances of this case was a marked departure from the standard expected of a reasonably prudent driver.”
Justice Phillips closed by saying “In my judgement, the evidence has failed to prove beyond a reasonable doubt that Cole Allard drove in a manner that is a marked departure from the standard of care that a reasonable person would observe in the circumstances he found himself in.”
(Written by: Kyle Robinson)