Closing arguments presented in case of man charged in deadly 2019 crash

Closing arguments were heard in a Kitchener courtroom on Tuesday, in the trial of Juan Mendoza, the man charged in the double-fatal Kitchener crash in 2019.

Mendoza was driving a vehicle that crashed in May 2019, killing his wife and another passenger.

In the days following the crash, the community mourned the victims, who all worked at the nearby restaurant, Mi Tienda Latina.

Earlier this month, Mendoza pleaded not guilty to charges including dangerous operation causing death, and impaired driving causing death.

Throughout the trial, court heard Mendoza was highly intoxicated at the time of the crash.

Security footage played for the jury showed the vehicle leaving a parking lot off Ontario St. and speeding through the Charles St. bus terminal, eventually hitting a pole on Gaukel St.

CLOSING ARGUMENTS

During closing arguments, Crown Attorney Brendan Gould faced the jury and said Mendoza had at least 11 drinks and was operating the vehicle dangerously. Gould said Mendoza executed “a turn that was fast enough to leave friction marks.”

Gould argued Mendoza never checked for traffic when he drove across two different streets and said it is surprising additional people weren’t hurt in the crash. Gould also said Mendoza never attempted to use the brakes.

The crown also arguing that a video before the crash showed the vehicle working properly, so multiple systems in the vehicle would have needed to fail for it to be out of control when it was driven across the roads.

“The only reasonable conclusion in the case is that impairment played a role in this accident,” Gould said.

Mendoza's lawyer Hal Mattson argued the video showing the vehicle in the parking lot before the crash showed it was being operated properly and didn’t show signs of impaired driving.

Adding Mendoza turned to avoid hitting a wall when the vehicle accelerated.

“He avoids the wall, that shows that he has some cognition,” Mattson argued.

Mattson also pointed out that the vehicle wasn’t tested until after it had been moved multiple times.

He said no mechanical issues were found, but the electrical system wasn’t tested. Mattson argued the throttle was connected to the accelerator pedal electronically and the Crown didn’t present enough evidence to rule out an electronic malfunction.

On Monday, court heard from four witnesses including transit workers and staff with Waterloo regional police.

The judge is expected to complete charging the jury on Wednesday morning, which will give the 12 jurors a full day for deliberating.