The courtroom erupted on the announcement of Ontario Court Justice Romuald Kwolek’s acquittal of 76 year old, Terry Mosher to the charges of obstructing police in the investigation regarding the death of Jessie Roach on Highway 17B in Garden River First Nation.
Almost 40 friends, family and members of Garden River First Nation wailed in anguish, shouted or silently wept following Kwolek’s verdict.
“You killed my friend! You’re a fuckin’ liar!”
“You’ll meet your Maker!”
“It’s not about the truth! It never is!”
“If this kid was white it would have been different!”
“Shame on you judge!”
“I hope you feel good. I hit a bird on the highway and I feel it! You’re a fucking liar!”
Chief Paul Syrette, Garden River First Nation, addresses reporters in front of Sault Ste. Marie Courthouse.
Chief Paul Syrette of Garden River First Nation has supported the family through the trial process. Speaking on behalf of the Band he remarked, “We believe that justice for Jessie was not served today. This was a tragic situation that ended with the death of one of our community members. The results of that decision today are going to impact the family and our community as a whole.”
Chief Syrette has promised that the Band will be looking at ways to ensure the safety of Garden River members who travel the highway as pedestrians. “The bypass was built so that people could use it and go around our community. We understand it’s a provincial, secondary highway but we need to look at how we are going to address the jurisdiction on that highway and how we’re going to control the traffic going through the corridor if it’s going to affect the safety of our membership. Our members has asked the leadership to step up and ensure their safety. And I can assure you that we are going to do that.
Over the past four decades, 37 deaths have occurred along the 20.8 km stretch of highway through Garden River First Nation. Highway 17B is located between Sault Ste. Marie, Ontario and Echo Bay, Ontario. Not one person has been charged and convicted with a criminal offence related to any of these deaths.
Peggy Martin -Grandmother (centre left), sister- Janessa Roach, brother- Hayven Roach and (back right) Auntie-Tina Roach
In 2007, an expressway was built to divert highway traffic away from the Garden River First Nation reserve, addressing safety concerns. Just over 1100 people call this reserve home. Villagers often travel along the main corridor by foot and dozens of homes dot both sides of the highway.
In an interview last week Chief Syrette, commented that when the new bypass opened to traffic almost 10 years ago, traffic through the reserve noticeably decreased- for a while. “When they first threw the switch and opened the bypass it served its’ purpose in the early stages. But as the years went by, people realized that if they took the bypass it was longer- 10 or 15 minutes longer. And then we would hear concerns about not enough lighting on the expressway. And so the traffic started to swing back through the reserve, back through 17B. That started to create risk –again, for our people travelling the highway by foot.”
In the past there has been some discussion about creating a toll booth for highway traffic wanting to travel along highway 17B through Garden River. Chief Syrette passionately emphasized that highway traffic should be using the bypass.
“Please use the bypass. That is what it is for, to keep our members safe. I understand that we are part of a provincial highway but if Terry Mosher had used the bypass that night Jessie would be alive right now.”
*****
In his decision Kwolek stated that he was not satisfied beyond a reasonable doubt that Mosher was guilty of obstruction of justice.
Kwolek did state that he believed: Mosher encountered Jessie’s body on the highway; that Jessie was laying on the road when Mosher encountered the body; that Mosher’s vehicle did come in contact with Jessie’s body; that fibers from Jessie’s clothing and biological material was found on the undercarriage of Mosher’s vehicle; that it is plausible that Mosher may have swerved to avoid Jessie’s body; that it is plausible that Jessie’s ankle was caught under Moshers vehicle and was then dragged 100 feet; that there wasn’t evidence of tires crossing Jessie’s body; that Jessie’s internal and external injuries were instantly fatal; that there weren’t any skid marks that might imply braking or evasive maneuvers; that Mosher’s statements to police were ambiguous but not misleading; that it is plausible that Mosher might not have felt a bump or been aware that his vehicle came into contact with Jessie; and that Mosher was not trying to obstruct or interfere with a police investigation.
Dawn Roach- aunt, and friend of Jessie Roach.
In an interview with the family earlier this week, Jessie’s aunt, Dawn Roach, shared that the family was hoping that Mosher would be held accountable for the events that happened on October 13th, 2013. This morning Dawn remarked that the family was also hoping that a guilty verdict would provide the family with an opportunity to deliver victim impact statements before the Court and Terry Mosher.
Chief Syrette summed up his feelings of today’s events at the Sault Ste. Marie Courthouse. “There was an opportunity for Terry Mosher to apologize today and he did not do that. And this is what this is about. If he had been honest and admitted that there was an accident we wouldn’t even be here today. He hasn’t shown any shred of accountability through any of this. There has been no acknowledgement to the family about what he did.”
Related: Jessie James Roach: A Legacy Beyond Highway 17B
21 Comments
another whitewash
Even if this was truly just an accident and the young man was laying in the road WHY wouldn’t you render some comfort or aid? IMMEDIATELY not drive off and leave someone there. Perhaps if the family had more political clout this investigation and trial would have had a different outcome!
G. Wilson: Agreed!
What kind of human being would just turn around and leave Jesse there? A guilty man, that’s who.
I am very sorry for the Loss of Jessie and I send prayers to his family and friends… I would just like to suggest if maybe a sidewalk protected by a guard rail might prevent something like this from happening again… Just a thought… As for why things happen in the courts the way they do sometimes I just don’t understand the outcomes… My prayers are with the people living in Garden River…
I send my deepest condolences to the family and friends. However, there is an error in this report. Joseph Crozier was charged criminally with the deaths of five Vincent’s family members following a collision in Aug 2001. Though the outcome may no have been just, he was charged.
That’s right. It is my understanding from sources in Garden River that there hasn’t been anyone held criminally accountable for deaths along that portion of the highway.
What about a bus that goes out to garden river? Is there currently one? I know this won’t help in the middle of the night, but it would help until 11:45 or whenever they stop running !
Joseph Crozier was fined $1,000 for reckless driving, placed on probation and banned from driving for three months. Not reckless driving causing death. So technically, it was a slap on the wrist for being responsible for the death of five people
He wasn’t held accountable for the deaths. He got a fine and a charge for reckless driving
I’m not disagreeing that the outcome was disproportionate to the death of five people.
Just pointing out the article is not factual. Also of the deaths reported, how many resulted in the deaths of the person responsible and therefore they could not be charged? If they were single vehicle collisions or the person drove into a truck and died, they can’t be charged. The statistics provided in this article are inflammatory. I think they need further review before jumping to a conclusion that there is a conspiracy aboard. I would ask the writer to report how many people died as a result of another person who was not convicted of a criminal offence. Reckless driving is not a charge in Ontario, btw. Careless or dangerous is.
You can read my response above and perhaps do research of your own vs reporting statements by others as facts. And if you report some facts incorrectly or inflammatory then what is the writer to believe is true of the entire article?
Crozier was charged under the Highway Traffic Act- not under the Criminal Code of Canada. He was convicted with an offence, not a crime. Had Crozier been convicted under the Criminal Code with Dangerous Driving he’d have lost his license for a minimum of one year, have a criminal record among other things.
That is factual. Crozier was however originally charged under the Criminal Code but as a result of sloppy police work, evidence was lost and the charge was withdrawn.
I see you amended your article – too little too late. People are spewing the incorrect reported imformation today in coffee shops and community centres. They are appalled by this misinformation. Most of them won’t re-read your article and the comments and they spreading this like wildfire. Nicely done.
It would still be interesting to know how many of the 37 deaths actually should have had a criminal charge applied. Not all of them were as a result of someone’s criminal actions. I’m guessing (yes guessing) that statistic originally stemmed from an argument for the by-pass, not to imply injustice for every death.
Yes, two injustices felt by the Vincent’s and Roach/Martin family.
Let’s not imply this is a case of 37 injustices. Provide the facts.
Fair Statement- the article was very clear from the beginning that nobody has been held criminally accountable for deaths on Highway 17B.
Yes he wasn’t held accountable but was responsible…..very sad for the daughter who lost her mom, dad and sisters
The article is clear. Trolling is difficult to address and the article is not implying 37 injustices. Only that no one has been criminally accountable.
another whitewash? what do you call your children greg half whitewash?
wtf? maybe i should of said cover up………………i don’t know what the hell you are talking about bingogal
Look it up on canlii. That will give the facts as presented in court.
Syrette needs a new watch if he thinks that 17b at 70 km/hr is 10-15 minutes faster to drive than 17 @ 90-100 km/hr. What an idiotic and clearly biased thing to say. Then he wonders why he isn’t taken seriously.