Airport Mountie charged
in fatal Delta crash
Dan Ferguson and Kristine Salzmann, Surrey North Delta Leader, Dec. 1, 2009
Delta Police examine the scene of a fatal collision
between a Jeep and motorcycle Oct. 25 at the intersection
of 6th Ave. and Gilchrist Drive in Tsawwassen. Black Press file photo
Orion Hutchinson. Family photo
One of the RCMP officers involved in the infamous tasering of a man at Vancouver International airport has been charged with attempting to obstruct justice by fleeing the scene of a fatal crash in Delta.
The Criminal Justice Branch of the Ministry of Attorney General announced the charge against Cpl. Benjamin Monty Robinson over a two-vehicle collision in Delta on Oct. 25, 2008 that claimed the life of 21-year-old Orion Hutchinson.
Despite a recommendation by Delta Police investigators, Robinson will not be charged with drunk driving or causing a fatal accident.
Senior prosecutors with the Branch have concluded that the available evidence does not establish to the criminal standard of proof beyond a reasonable doubt, that at the time of the collision Cpl. Robinson had a blood alcohol level over the legal limit, that his ability to operate a motor vehicle was impaired by alcohol or that he was operating his vehicle in a dangerous manner within the meaning of the Criminal Code, the Tuesday statement said.
The Mountie was off duty when his Jeep collided with a motorcycle being driven by Hutchinson at the intersection of 6 Avenue and Gilchrist Drive in Tsawwassen.
Hutchinson was thrown from his motorcycle and died at the scene.
After the accident, witnesses said the driver of the Jeep left his drivers licence with a bystander and took his two young children, who were with him in the Jeep, to his mothers home nearby.
According to the Delta Police Department (DPD), Robinsons breath samples gave readings of .12 and .10 mgs of alcohol (the legal limit is .08), and he was issued a driving prohibition.
On June 9 of this year the DPD announced it was recommending charges of impaired driving causing death and dangerous driving causing death against Robinson.
Delta Police Chief Jim Cessford said the final decision about the type of charges lies with the Crown prosecutors office, not the police.
Our job is to gather the facts and forward them to the Crown, Cessford said Tuesday.
They are legal experts.
Cessford said police submitted a 6,000-page report to the Crown and DPD investigators brought in an independent engineering firm to review the evidence.
It was a complete, thorough investigation, Cessford said.
He said he respected the decision of the Crown, which did not proceed with the charges recommended by the DPD.
I trust that due process will run its [sic] course.
In a B.C. Supreme Court application in March, Robinson sought to have his driving suspension overturned on the grounds that his blood alcohol level was due to two shots of vodka he consumed at home after the crash.
He also said he drank two beers at a party around 5:30 p.m.
Robinson said he left the scene of the collision and went home, where he claims he drank the shots before returning to the crash site.
Justice Mark McEwan dismissed Robinsons petition.
In the court judgement, McEwan noted that at the scene, police opinion was that Robinsons symptoms were far more set than two shots in that time period should indicate.
One Delta Police officers observations were that Robinson had a strong odour of liquor on his breath and on his person, that his face was pale, that his eyes were bloodshot and his pupils were dilated, and that his speech was slurred.
Robinson is scheduled to make a first appearance in Surrey Provincial Court on Dec. 8, 2009.
Judith and Daria Hutchinson, the mother and sister of Orion Hutchinson issued a written statement expressing relief that a charge has finally been laid.
The last year has been a horrible ordeal for us as we have tried to come to terms with the devastating loss of our beloved son and brother. Orion was a unique and wonderful person with outstanding intelligence, an unbelievable sense of humor and an enduring loyalty to those whom he loved. He would only have become more wonderful as he continued to grow. There is nothing that can take away our pain or repair our loss. However we can only hope now to see some justice done. Further to that, we will continue to try and be patient as this case unfolds. There is much we could say; however as this matter is now before the court we do not consider it prudent to comment further until such time as it becomes appropriate.
MADD Metro Vancouver chapter president Bob Rorison said the decision against proceeding with impaired charges was very disappointing.
As police officer, Rorison said Robinson should have known better than to go home and consume alcohol after the crash.
It sets a really bad example, Rorison said.
We have a man here whos trained to save lives, and theres a person in the road dying or whatever shape hes in, and he left him there. I dont understand that. Anybody else, especially a trained police officer, would never leave a person dying in the street.
Robinson was one of the four Vancouver International Airport officers and the supervisor on duty in 2007 when Polish immigrant Robert Dziekanski died after being shocked several times with a Taser.
All have testified at the public inquiry into Dziekanskis death.
Following the airport incident, Robinson was assigned to the RCMPs 2010 Integrated Security Unit.
He has been suspended from duty with pay.
More news about RCMP Corporal
Benjamin Monty Montgomery Robinsons
Robinson remains on paid leave
while a decision on Orion Hutchinsons death
keeps dragging on. More...
And on... More...
The charge is merely obstructing justice. Sounds like
Robinson is getting a really sweet deal. More...
The manner in which the criminal justice system
handles fatality cases involving police officers
is driven by anything but the principle
that we are all equal in the eyes of the law. More...
What constitutes gross misconduct for the RCMP? More...
Incredible! The RCMP complaint commissioner
concedes what everybody else knows
about Benjamin Monty Montgomery Robinson
and the Dziekanski death squad. More...
Two and a half years after Orion Hutchinsons death
Robinson finally faces a watered-down charge. More...
And three and a half years after Robert Dziekanskis death,
another watered-down charge. More...
Robinson wont go to trial on his watered-down Dziekanski charge
until April 2013. The other three cops have court dates spread out
between October 2012 and October 2013. Why so late?
Because justice delayed is justice denied. More...
Robinson has been off work with full pay since October 2007.
So far thats a four-year, four-month paid vacation while he faces
two criminal charges resulting from two deaths. More...
Robinson finally gets convicted of something,
even if its a watered-down charge. He continues to draw
full pay, full benefits and yearly raises while doing absolutely nothing.
He might even stretch that out until retirement. More...
By continuing to pay Robinson, the RCMP flouts public outrage.
They should just fire the bastard. And now. More...
As for the other three members of the Dziekanski death squad,
theyll never even be suspended. Theyre not fit to carry weapons,
conduct investigations, testify in court or even deal with the public.
But they have safe jobs and guaranteed pensions thanks to the RCMP.
Monty Robinson just got a pay raise.
RCMP salary increases apply to all Mounties, even the
convicted criminals who spend years on paid vacation. More...
Robinson actually resigned. Has the two-time killer,
convicted criminal, disgraced police officer and tax-funded parasite
suddenly discovered principles? Or is he striving to stay out of prison?
Nevertheless, RCMP brass gave this sack of shit glowing references.
Justice for Orion Hutchinson? Not even close.
Be home by 9 now, Monty! More...
“The various legal woes of Monty Robinson exposed
nearly everything that’s wrong with our ‘justice system.’” More…
Who’s the special prosecutor in this case? Richard Peck,
the cops’ unethical but well-paid go-to guy. More here and here.
Another criminal conviction for RCMP disgrace Benjamin Montgomery Monty Robinson,
this time for perjury. He’s always gotten away with radically reduced charges
for the deaths he’s caused. This time, like the last time, the full-pension criminal will likely
get an exceptionally lenient sentence, once again demonstrating that Canadian police
are held to much, much lower standards than normal people. More…