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Car sent boy flying, court hears

A Kelowna court heard this week the horrific details of the death of a six-year-old Kelowna boy, who was struck by a car and sent flying while crossing Harvey Avenue two years ago.

Witnesses testifying in the opening days of the trial of 21-year-old Cody Richard Wengenmayr, the Kelowna man accused of drunk and dangerous driving causing the death of Tray Alphonse and injuring the boy's 36-year-old mother, told the court they simultaneously heard “screeching and crashing” before they saw an “object” fly in the air and roll down Harvey Avenue 25 to 35 yards.

The collision occurred as the mother and her boy jay walked across the highway westward from Milestone's in the Orchard Park lot between 10:00 and 10:30 p.m. August 30, 2010.

On the opening day of trial Monday, witnesses were called to the stand who observed the crash while relaxing in the Denny's parking lot and those who drove near the scene of the accident.

“I saw that the Honda had hit something; I saw something fly in the air,” Chad Smith, who was on his way to work, told the court Tuesday.

Smith, who says he was trailing Wengenmayr's Honda just before the collision, slowed down as he approached the crash scene and realized the object was the body of Tray Alphonse laying in the HOV lane. He noted seeing a scooter the boy appeared to have been riding.

Wengenmayr, who faces a total of six charges of impaired driving causing death and injury, causing an accident resulting in death and injury, and dangerous driving causing death and injury, was still and expressionless as he sat next to his defence lawyer.

Wengenmayr is alleged to have pulled into a parking lot immediately following the accident. He exited the vehicle with another blond-haired male, at which point the driver of a trailing SUV pulled over, approached the two, and shouted angrily at Wengenmayr.

The court has yet to hear of specific testimony of  Wengenmayr's state prior to the accident. Police are expected to bring forward evidence that he was intoxicated, including the results of failed breathalyzer tests.
The trial resumes Wednesday and is expected to continue all week.

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