A man was found guilty Friday morning of dangerous driving resulting in the death of a young woman in Hedley in 2019.
In March of 2019, Alanna Dunn was killed in a crash between her vehicle and the commercial truck Andrey Malyshev was driving on his usual route, eastbound on Highway 3.
In Friday’s decision, Judge Keyes determined Malyshev was driving dangerously, taking into account evidence from the truck's dash cam footage, the officer on scene and the speed Maylshev was driving that was registered in the truck.
Judge Shannon Keyes previously determined in a voir dire hearing that officers on scene had the right to view dash camera footage from the company truck.
On March 22, 2019, Malyshev’s truck and trailer overturned as it rounded a corner, sliding sideways into the westbound lane of traffic and hitting Dunn's vehicle.
The tractor was pulling a trailer loaded with a sea can, containing a bladder full of wine. Malyshev was travelling along Highway 3 from Delta to Oliver during the late night and early morning hours.
The driver had driven the same route with the same cargo the previous day.
Both vehicles met safety standards under the Motor Vehicle Act, and there was no suggestion the crash was caused by a mechanical defect, or slippery or wet road conditions, Judge Keyes noted.
Dash-cam footage from the truck showed Malyshev cross the centre road line 27 times on the night of the incident, 17 of which he crossed a double solid yellow line and drove for extended periods of time on the wrong side of the road.
It was estimated that Malyshev’s truck was travelling between 74 to 83 km/h when it toppled over and it began to slide. The electronic device equipped in his truck shows he was traveling 78 km/h.
Dunn’s vehicle was traveling between 88 to 93 km/h, by the constable's estimation.
While Malyshev was driving below the the 100 km/h speed limit posted on the highway, Judge Keyes stated it was still far in excess of the recommended speed of 60 km/h caution signs posted before coming around the curve.
“I am satisfied beyond a reasonable doubt by the dash cam video that Mr. Malyshev’s driving that night demonstrated a profound and prolonged disregard for the rules of the road and the safety of other motorists,” Judge Keyes said.
“His incredibly bad driving caught up with him and with Miss Dunn.”
Judge Keyes said she had determined Malyshev’s dangerous driving was the cause of the rollover, which caused the collision with Dunn's vehicle and her death.
“I find you guilty as charged,” Judge Keyes told Malyshev.
A pre-sentence report was requested at the end of the decision.
Malyshev will be back before the courts at a later date for his sentencing.