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HomeMy WebLinkAboutThe Huron Expositor, 1998-09-16, Page 614- E HURON EXPO> :TOR. SIPTIONI R 14, 1!M a first witness on scene saw plastic CONTINUED from Page 1. EARLY ON SCENE James Cumpson, 29, of London, was one of the first witnesses to arrive on the scene of the accident and tes- tified Thursday that he could smell beer at the scene. He was travelling north on County Road 31 on at about 6 a.m. on Nov. 24, 1996 for a fishing trip at the Bayfield River near the scene of the accident. Before he reached the river, he testified before the Crown that he noticed "something out of the ordi- nary." A brown car was sitting in the southbound lane facing over the west side of the road with its headlights shining into the west. He slowed to see if assistance was needed and was met by a young female, later identified as McClenaghan, and a young male who told Cumpson that their friends were down at the bottom of the hill. Cumpson testified that he thought she meant they went down the hill to go to the bathroom and pulled over onto the shoulder, grabbed a Flashlight and decided to sec if they needed any help get- ting up the hill. He later testi- fied that he is familiar with this area from regular fishing trips at the river. On his way down the hill, he said he noticed one of the harriers on the side of the road was missing and he started seeing plastic in the trees. As he continued down the embankment, he found slide marks in the earth, and followed marks left by the vehicle until he came across the "badly beaten up" Camaro. Upon reaching the car, Cumpson testified that he counted five occupants two males outside thc vehicle, one male in the hack scat, one male on the floor of the passenger's side, and one female half out of the car from' the driver's seat. When ambulance attendants later arrived, a sixth person, a female, was also found in the backseat. CALLS 911 After calling 911 from his cellular phone at the top of the cmhankmcnt hack at his car, Cumpson went back down to the vehicle to see if anybody needed help. McClenaghan also went down thF hill. She went to the female that was laying partially out of the car, he testified, and tried to turn her over. "I told her that it was prob- ably a good idea that she left everything as is until the police and ambulance arrived," said Cumpson. As he went up to thc top of the hill to call 911 aeain. he testi- fied that the first police cruis- er arrived on the scene. as well as an ambulance and a couple of" other fisherman. All attending the accident went down to the scene, and Cumpson testified that all were needed to help hring the victims up thc emhankmcnt. Cumpson said he was called to assist an ambulance attendant in removing the female who was half out of thc driver's side door. He tes- tified that the attendant had trouble removing her from the car because her feet were caught in around thc pedal area. He had to crawl into the car to help pull her legs free, he said. "Her legs were definitely broken," Cumpson testified. "They were bending in places they shouldn't be." "SMELL BEER" While Cumpson was on thc scene of thc accident, he tes- tified that he could "smell beer." He also testified that he believed the male and female he first came across at the top of the emhankmcnt had hccn drinking. He explained that thc man was slurring his words and the woman seemed off balance. But in cross examination by defence lawyer Glenn Carey, told Cumpson• that statements given on the day of the accident and in June 1997 were "at odds with what you testified." Cumpson testified that a case of beer was found in the back of the car and said that he "never looked to see if it was open." But a statement given by Cumpson in 1997 stated that some of the bottles were empty and some were unopened. Cumpson said that his memory would have been better closer to the time of the accident that it is now and added that this accident is "something 1 would like to forget." The same statement from June 1997, stated that Cumpson found two people hanging out of the driver's seat area, as opposed to one male completely outside of the driver's area and leaning against the door and one female half out. Asked if thc male's feet were in the driver's foot well arca, Cumpson stated he was unsure of their position and admitted there was a lot of confusion and commotion in the arca at the time. NOT CRYSTAL CLEAR "I'm not saying everything is crystal clear like this hap- pened yesterday," he said. "This will probably haunt me for the rest of my life." Constable Liane Spong and her partner Constable John Spencer of the Ontario Provincial Police were the first to respond to the call made by Cumpson. Constable Spong testified Friday afternoon that they were in Seaforth when the call came through at about 6:20 a.m. They arrived at the scene at about 6:30 a.m. "We couldn't see the vehi- cle from the road," she testi- fied. They )pere immediately approached by Cumpson who took Spong down the embankment to the accident. At the bottom of the embank- ment, she testified that they found the car upright on its wheels facing west. Four of the occupants were found partially out of the car, and two were found completely inside. SKETCH PRESENTED A sketch was presented to the court that Spong drew at the scene of the positions they found the occupants in. One male, later identified as Brian Hill, was lying face up with his head towards the dri- ver's side and his feet down in the passenger's foot arca. Mark Webster was found in the back seat with his head pointing towards the driver's side and feet towards the pas- senger's side. He was folded and face down lying parallel to the seats. Behind the dri- ver's scat, Spong testified that three people were found entwined together. The top male, later identified as Brandon Gardner, had his upper body out of the vehicle and his lower body coming from behind the driver's scat. Another male, Neal Atchison, was found under Gardner in trees with the lower part of his body also coming from the rear of the vehicle. He was facing towards the car and was found to be the furthest of the three from the driver's seat. Pamela King was found under these two males and was unseen by the police at first. Spong said she was found with her head and shoulders out through the dri- ver's door and her body curled up on the floor behind the driver's scat. Leheau was found separate from these three, she testified. Her upper body ,protruded from the vehicle on the driver's side. Her lower legs were in the car and were down into thc driver's foot well. She was found face down, so Constahlc Spencer testified that he tilted her chin slightly to make sure her air way was clear since she was found to be still breathing. "1 find it difficult to believe that any great movement of the occupants could have occurred," Spong testified during cross examination by Carey. "1 remember quite clearly where they were located." CPR BEGUN Spong said that she then turned her attention to the group of three that were entangled together. Gardner CONTINUED on Page 7. Deposits tf tbInsured Within Limits • Rates subject To Verification 9% 5 Yoar Annual 5.875% 5.6% 5.4% 5 a sur , Year •o w ,» •o Day Comp. 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