It was a heartbreaking decision for family and friends of Harry Jones Jr., the Splatsin Elder struck and killed by a vehicle while crossing Highway 97A in Enderby on Canada Day in 2023.
Following the pedestrian fatality at the marked crossing, Vernon man Marvyn George Machura was charged with driving without due care and attention.
Machura was acquitted in Salmon Arm court on Wednesday, March 25.
“It was heartbreaking to hear the judge acquit the driver of all charges. As he walked away a free man, we stood there broken, frustrated, and devastated that no justice will be served for Harry. The loss of Harry has shaken the entire Enderby community, and even more so those who were closest to him,” wrote Miranda Kimbasket in a March 26 post on the Facebook page, Harry Jones Jr Memorial.
“His story, his humour, his kindness, and his legacy will always be legendary.”
According to police, Jones, 62, was crossing in the marked crosswalk near Canyon Road when he was hit by a Subaru Impreza. He died at the scene.
“For those who knew Mr. Jones, this trial and these reasons may provide little solace: they will not bring him back,” Judge Jeremy Guild said in his reasons for judgement. “It was clear in this trial that Machura has also been significantly impacted by the collision. I have no doubt he also wishes the clock could be unwound.”
A well-known and much-loved man in the Splatsin community – regarded as a kind person and a talented artist with a colourful personality – Jones’ death sparked a push for safety improvements at the intersection where he was killed.
In the fall of 2023 a flashing pedestrian light at the intersection was replaced with a full traffic light.
Machura is a well-known local musician who performed in the Vernon area for years. He had no criminal record at the time of the incident, though he had one speeding ticket in Lake Country in October 2020.
Guild said Machura was travelling 10 to 20 kilometres/per hour below the speed limit when he approached the crosswalk.
Four witnesses from the scene testified, including two professional drivers, who all said they did not see the yellow flashing crosswalk lights.
“For some reason, whatever motions Mr. Jones made at the crosswalk pole, the lights were not activated,” said Guild, who also heard a witness say Jones was running across the crosswalk.
Along with no lights, the reasons also state that Jones was wearing dark clothing, there was a bush posing a safety risk and Machura “took all reasonable steps to avoid the collision.”
With files by Brendan Shykora/Vernon Morning Star
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