A 63-year-old man was facing charges of impaired driving causing bodily harm.
He’s accused of striking down and killing a 25-year-old man who was doing the right thing – walking home instead of driving after having a few drinks with friends.
The accused is pleading not guilty, his lawyers arguing police didn’t do their due diligence at the scene.
A memorial stands along the Lougheed highway where 25-year old Matthew Beaver was hit and killed.
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Just a few miles away in Vancouver provincial court, his family and friends hope one man is held responsible for the death.
“I am here to represent my son,” says victim’s mother Sue Simmons
“My best friend is dead and I want to see some closure. I want to see some justice,” Matthew Preissl told Global News.
Beaver’s friend Matthew Preissl was with him in the hours before the accident last September.
Then beaver went to another friend’s house and was walking home when he was hit and killed.
Police say the crash happened in the left lane and 63-year old John Davidson was drunk himself behind the wheel.
The Crown says that given the time, location and condition of both the suspect and victim they weren’t confident they could get a conviction.
“I was told that they can’t prove that him driving impaired caused the accident,” says Simmons.
But the suspect isn’t pleading guilty to any charges.
Police say Davidson wanted a particular lawyer after the crash and left a message for him.
Police then continued their investigation.
The suspect’s lawyer argues police didn’t try hard enough to find that lawyer and therefore some evidence should be inadmissible – an argument that just infuriates Beaver’s family further.
“He was definitely drunk. He blew well over twice. They are trying to get a technicality, and he killed my son, but there is no mention of it,” says Matthew’s father Gord Beaver.
The family promises as the trial continues they will be there, and they’ll also be upgrading the roadside memorial so even if they don’t get the justice they want Matthew Beaver to be remembered.