Recollections of 2010 Kelowna crash haunt witness

Tempers flared in a Kelowna courtroom Wednesday morning as one of the witnesses of a 2010 crash that killed a six-year-old boy took the stand to review earlier testimony.

Scott Robinson testified  he was an estimated six car lengths behind Cody Wengenmayr's Honda when he saw it smash into Iris Alphonse and her son Trey, as they jaywalked across Harvey Avenue late, Aug. 30, 2010.

By his estimates, Wengenmayr had more than enough time to slow down before impact.  The two were once driving side by side, he said, but he had fallen back when he saw the two people, who were clearly visible, in the road.

"I (saw) them from yards away …hundreds of yards away, I (saw) them as clear as day," he said, noting that he clearly remembers the sight of a bright yellow scooter in Trey's hand.

"I was a long way away, but I could see them."

That perception, argued Wengenmayr's defence lawyer, is likely untrue and may have been twisted by emotions.

He argued that Robinson was angry because he had seen a child die on the highway, and his memory of the distance between his car and Wengenmayr's, or even the way the Alphonses were crossing the road was skewed by that feeling.

Robinson staunchly rejected that point of view, clarifying that he was upset not angry and while he doesn't know exact distances he can remember where he was.

"I had enough to time to stop and think, 'oh my God, this is going to happen'," he said of how he's gauged the distance between his and Wengenmayr's car.

Defence continued to point out that Robinson's behaviour was more indicative of someone who was angry than upset, and that was causing him to make inaccurate statements.

To draw attention to Robinson's mindset, defence pointed out  that Robinson told Wengenmayr he was going to "kill him" if he moved immediately after the accident.

Robinson also told a police officer who later attended the scene that he though he should have punched Wengenmayr.

In court Wednesday he was also noticeably agitated, but he said it was par for the course considering what he's seen.

When he stopped his car and went to see the boy, he was dead and had a softball sized wound.

"It's not like CSI; it's a little bit traumatic," Robinson said, noting he still has trouble sleeping when the image comes to mind.

Ultimately, he said, he's not working out an anger issue or grudge in court.

"I think enough families have suffered from this and more don't need to suffer," he said. "It's a stupid mistake and I feel sorry for him. I chased him because I thought he'd take off and this needed to be (dealt with) in court… I'm not out to get him, I just want to say what happened."

Wengenmayr, 21, is charged with six offences, including dangerous and impaired driving causing death.

An earlier witness testified he saw Wengenmayr  drinking the night of the crash.

The trial is scheduled to continue until Friday.

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