More witnesses testify in double-fatal 2019 crash in downtown Kitchener

Week two of the trial of Juan Mendoza, the driver charged in the crash that killed two people in downtown Kitchener four years ago, continued on Monday.

Mendoza was behind the wheel of a minivan in May 2019, when it was seen leaving a parking lot off Ontario Street, traveling through the Charles St. Bus Terminal and crashing into a pole on Gaukel St. The crash killed Mendoza’s wife and another female passenger.

Court heard from four witnesses on Monday.

It’s not disputed that Mendoza was highly intoxicated at the time of the crash. But his lawyer, Hal Mattson, believes the crash was not the result of Mendoza’s intoxication.

Mendoza has pleaded not guilty to dangerous operation causing bodily harm, dangerous operation causing death, impaired driving causing bodily harm and impaired driving causing death.

A vehicle crashed into a building on Gaukel St. in Kitchener. (May 3, 2019)

TRANSIT WORKERS HEARD IN COURT

The first person to testify was a man who was a bus driver at the time of the crash. He recalled being near Ontario St. when said he heard a loud revving and saw the vehicle crossing Ontario St. at a high speed, hitting a barrier in the bus terminal.

“Just continued on down the terminal lane,” he said.

During cross examination, the witness said he didn’t see any lights working on the vehicle.

The witness also said that when he heard the revving, the vehicle was heading towards a building in the parking lot and quickly turned.

He also said, when the vehicle travelled down the bus lane, the vehicle appeared to avoid a bus parked on the side.

Court then heard from Janet Jacobs, who was a transit operator at the time

“I witnessed a silver minivan exiting lane one,” Jacobs said.

Jacobs also testified, she didn’t see any lights working on the vehicle.

ACCELLERATION MARKS FROM TIRES

A Waterloo Regional police officer who helped to inspect the scene after the crash was next to testify. They recalled seeing an acceleration mark leaving the parking lot.

The officer said there were not friction marks where the van first took off, but instead they were made a short distance after.

The final testimony of the case was from Const. Christopher Black with the Waterloo Regional Police Service (WRPS).

Black was the collision reconstructionist at the scene of the crash.

Black testified that he saw an acceleration mark caused by the vehicle turning when it left the parking lot, but no deceleration marks were found.

Black said, assuming the brakes were working, there should have been visible marks left if the brakes were used. He said if the car made a course correction at a high speed – that would also leave marks. Court heard that Black did not find any marks from course correction.

Investigators did not determine how fast the vehicle was traveling when it went through the bus terminal.

During cross examination, Black said the vehicle made a hard turn in the parking lot, and left a scrape along a barrier that it hit in the bus terminal, which typically would slow the vehicle down.

All the witnesses have now testified. Closing arguments will be heard Tuesday. The jury will then make their decision.