Tag: Criminal Negligence

By: Nicolas Di Nardo

Back in June 2015, Mitchell Irwin, now 21, struck a cyclist, Adam Excell, 26, while he was biking at night.

Now two years later, Irwin owned up to his actions and pled guilty to dangerous driving causing death on Friday. At the time of the accident that took place in the area of Yorkville, Irwin was 19.

The statement of facts which was agreed upon, outlines the night of the incident:

• 11:20 p.m.: Excell was making a left turn onto Davenport during an amber light, after oncoming traffic had stopped
• Irwin was weaving through vehicles, sped into the intersection and hit Excell
• According to a collision reconstruction report, Irwin was going 87 km/h in a 50 km/h zone
• Excell was thrown a significant distance, suffered major head trauma and passed away at the hospital
• Irwin then continue to drive home after the collision to Keswick, Ontario
• The next day Irwin surrendered to police

The initial arrest charged Irwin in accordance with the Criminal Code:

• Criminal negligence causing death (sec. 220)
• Failing to remain (sec. 252)
• Violating bail conditions, which includes:
  • Communicating with two friends who were in the car at the time
  • Consuming alcohol

After the court appearance on Friday, Excell’s family made a point to discuss dangerous driving in many of their statements to the media, and how the actions of these drivers can seriously damage the lives of the victim’s family members. It impacts you differently when you hear about it on the news, versus when it ends up being one of your own. Even though you hear about cyclists in the news quite frequently (unfortunately), when it is a family member, it becomes personal.

The case resumes this morning and Mitchell is expected to be sentenced.

If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers. For all other legal services and inquiries, please take a look at our website or call us directly at 416-449-1400.

“This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”