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Family of boy killed in Lethbridge crosswalk seeks closure from trial

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LETHBRIDGE, Alta. -

It was another emotional day inside a Lethbridge courtroom as more witnesses took the stand in the careless driving trial involving the death of 10-year-old Charles McIntyre.

Tuesday marked the second day of a five-day trial, and Charles's family say they're relieved proceedings are finally underway.

“We didn't think it was going to go ahead,” said Kara Dyer, Charles’s aunt.

“We thought there was going to be another adjournment for another reason, so there was a big relief and we’re glad we can finally see movement on the trial.”

The family, who all wore green shirts into the courtroom, say the trial is a step closer to closure and getting justice for McIntyre.

“We want closure. We'll never move on. You don't move on from losing a child in your family,” Dyer said.

“We just want closure.”

Neil Skjodt, 55, has pleaded not guilty to a charge of careless driving.

Skojdt is not charged with careless driving causing death, and one professor says the reasoning depends on the evidence.

“It all boils down to a judgment call by the Crown as to whether or not there is sufficient evidence to get a dangerous operation of a motor vehicle conviction,” said Doug King, a professor in justice studies at the Mount Royal University.

“And clearly, in this case, the Crown thought they don't have that evidence to prove it.”

Skjodt was charged under the traffic act and not the criminal code after investigators determined the incident was not a criminal offence.

King says in criminal code, you never want to convict someone of making an honest mistake, even if harm was done.

“You have to prove that there was either some intent to do the harm caused or, in the cases of dangerous operation of a motor vehicle criminal negligence, that their actions were so egregious that they rose to a level that was a marked departure as to what a reasonable person would have done,” King said.

If found guilty, Skjodt could face a fine of $2,000, six months in jail or both.

The trial continues Wednesday, with numerous police officers who attended the scene expected to take the stand. 

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