Canadian Volunteer firefighter Dana Forbes had just parked his rescue truck near an accident scene on Huron Road last year when he looked out the front window and saw a black car speeding toward him.
"It looked to be out of control,\\\\\\’\\\\\\’ Forbes testified yesterday at the trial of Justin Szusz, the man behind the wheel who struck a Good Samaritan walking along the road to help the accident victim.
Szusz was also a volunteer firefighter in New Dundee. He was rushing to the scene on Huron Road, west of Queen Street, in his own car, early that Sunday morning of Sept. 2. He hit Thomas Walker, who was trying to help a 19-year-old Kitchener man after a car crash near Walker\\\\\\’s home. Walker died at the scene. The driver, Robert Miller, later pleaded guilty to impaired driving.
Szusz, 24, of New Dundee, has pleaded not guilty to dangerous driving causing death and criminal negligence causing death. Yesterday was the fourth day of his trial in Ontario Court in Kitchener.
Crown prosecutor Karey Katzsch will try to prove that Szusz was driving too fast for the road, which has many hills and curves.
Forbes told the court it appeared the car "was going fairly quickly."
He couldn\\\\\\’t give a precise speed, but when pressed by Justice Colin Westman, Forbes said he felt Szusz was speeding.
Szusz had just crested a hill before coming upon the accident scene. Forbes said the car was drifting.
"The car was not moving properly on the road. The tires were not on track,\\\\\\’\\\\\\’ he said. "Skids had started.\\\\\\’\\\\\\’
Things turned tragic within moments.
Walker was standing at the side of the road when he was hit, Forbes said. He was tossed over the top of the car, then "pushed forward," hitting the front bumper and grille of the rescue truck.
Forbes felt the impact from the driver\\\\\\’s seat of the truck. He got out and walked around in a daze. He said he could no longer perform his firefighter duties.
"My system shut down,\\\\\\’\\\\\\’ he told the judge.
Under questioning by defence lawyer Tom Brock, Forbes said a tanker truck at the scene should have been blocking traffic at the top of the hill. He didn\\\\\\’t recall where the truck was, but said, "I know where it should have been.\\\\\\’\\\\\\’
Chris Mayer, the firefighter who drove the tanker truck, had parked it behind a pumper driven by Fire Chief Brad Otterbein. Mayer said Otterbein called for someone in the tanker to help him pull hose from his pumper, and he volunteered.
Otterbein said he also wanted someone in the tanker to drive to the crest of the hill to block traffic, Mayer said. Elroy Good, who was also in the tanker, slid over to the driver\\\\\\’s seat and headed for the hill. He passed Szusz coming the other way.
Good estimated Szusz was going "the normal road speed\\\\\\’\\\\\\’ of 80 kilometres an hour and started braking after cresting the hill.
Brock asked Forbes why he parked the rescue truck across the road from the pumper, on the wrong side of the road. He was in the eastbound lane, facing west.
Forbes said Otterbein directed him to do so. That placed him nearer the damaged car, which had hit a tree and was in a ditch. It also left a narrow space for a vehicle to pass between the two trucks on either side of the road.
Court heard that when Szusz came over the hill, he hit a road sign before veering and striking Walker.
The trial continues today, then will break for a while.
