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Clinton News Record, 2016-07-20, Page 12CASE LOT SALE FREESTONE GEORGIA PEACHES) 12 News Record • Wednesday, July 20, 2016 Varna native declared innocent Jane Sims Postmedia Network NHLer Ryan O'Reilly has won more than a few battles in tough corners, but none have come close to what he skated away from Monday. Last summer, his vintage 1951 green Chevrolet pickup truck was implicated in a crash at Lucan's only Tim Hortons across the street from the OPP detachment. What's not in dispute is that the truck hit the coffee shop, two men were seen driving away and that O'Reilly and another man were arrested minutes later. But the version given by earnest Tim Hortons employee Mary Smith, the crucial identification witness for the Crown, was, as O'Reilly's defence lawyer David Humphrey said, "fun- damentally flawed." So flawed, the Crown decided, that there was no reasonable prospect for con- viction. Instead of going through a planned two-day trial with six witnesses, O'Reilly, a centre for the Buf- falo Sabres, was acquitted of all charges by Ontario Court Justice Thomas McKay after only an hour. "I'm just really glad to put this behind me," said the soft-spoken, strapping 25 -year-old Varna native outside of the London courthouse. "I know it's been an unfortunate situa- tion, and you know it's just nice to get back and focus on training and prepare for next year." It should be a lot easier to focus than last summer. Charges of impaired driv- ing for what happened at the Timmie's on July 9, 2015, hung over O'Reilly's first full season as a Sabre after a blockbuster trade with the Colorado Ava- lanche and a team record five-year, $52.5 -million contract. O'Reilly sat quietly with his lawyer. Smith, 53, was clearly nervous when she began answering questions from assistant Crown attor- ney George Christakos. And, it was also evident that she wasn't much of a hockey fan. Smith said she sent a text to her mother that morning that "some dumb -ass tried to drive through the Tim Horton's window and tried to leave." Two days later, her mother told her O'Reilly was impli- cated. "I thought, 'Who the heck is Ryan O'Reilly?," Smith said of the NHL star who won the Lady Byng trophy for sportmanship in 2014. She testified that the work at 4 a.m. is "fast -paced" with ovens full of food to start the busy breakfast period. Around that time on July 9, 2015, she said she heard the sound of glass breaking and assumed her male co- worker had dropped something. They both saw that "the truck was through the win- dow," Smith said, crashing through the front door and into the vestibule. The lights were on and the engine was still run- ning, she said. She expected whoever was in the truck would come in. A short time later, she saw a man by the open driver's side door, standing on the running board, his arms resting on the top of the door. She went outside and saw him walk to another man at the drive- through window. They both got in the truck. She told her co-worker to call 911. The truck backed out and was pull- ing away when she yelled at them police had been called. "I'll be back," the driver said. She noted that he was very polite. NHLer Ryan O'Reilly in front of the court. The passenger had bushier hair than the driver, Smith said. Six minutes after they headed south on Saintsbury Line, the police brought two men back to the restau- rant for her to identify them. When Humphrey stood up to start the cross-exami- nation, you could see he was ready to pounce. Smith told Humphrey a police officer assured her before the trial he was "confident in my statement that it was Mr. O'Reilly driv- ing that vehicle when it left Tim Hortons." Humphrey zeroed in on the moments surrounding ATTENTION ADVERTISERS! DEADLINES Our Weekly Deadlines are as follows: ADVERTISING & EDITORIAL Friday @ 2:00 pm Clinton e Nws Record www.clintonnewsrecord.com 53 Albert St. S, Clinton PH: 519-482-3443 PCGTMEDIA OFFICE HOURS: Mon. - Fri. 9am - 5pm CLOSED TUESDAYS the crash. After the initial sound of breaking glass, Smith said her attention turned to the oven alarms that were going off. She got the food out, then wondered why no one from the truck had come in. She said she and her co- worker went to the interior doors and saw the truck had penetrated the wall and was inside the door right up to the front tires. When asked if she saw anyone inside the truck, Smith replied, "I couldn't see anybody from where I was standing ... I wasn't looking for anybody. "The truck's not going to Postmedia files get there on its own," Smith said. Humphrey pressed, and Smith's terse reply began to seal the trial's fate. "Can I be sure it was him driv- ing? No, it was a mystery driver," she said with more than a hint a sarcasm. Smith insisted the truck had penetrated the build- ing and left a big hole. That's when Humphrey showed her the police photos of the damage: some cracked and broken glass and three broken panels beside the back wall. The bottom panel wasn't even bent and there was no hole. CONTINUED > PAGE 13 INDIAN RIVER DIRECT PEACH TRUCKLOAD SALE CLINTO Thursday, July 21st, 1pm-3pm China Palace Restaurant www.indianriverdirect.com