A man who slammed his SUV into a former police officer’s motorcycle causing him serious injury has been found guilty of dangerous driving causing bodily harm, but not assault.
Eric Gosse faced three charges related to the July 2013 incident, in which he collided with motorcyclist Ron Broda in a parking lot at Ogden Point.
Broda, a former Saanich police officer, had his left leg amputated below the knee as a result.
“I am disappointed. I expected a conviction on one of the assault charges,” Broda told media after the judgment was read. “The difficulty is, what was he thinking? In our society we have the right to not testify, which Mr. Gosse elected to do. Mr. Gosse knows what happened that day, he knows what was in his mind, and he has to live with that, and some day he will face judgment in a higher court.”
The charges against Gosse included assault using a weapon, aggravated assault and criminal negligence causing bodily harm.
But on Thursday, a judge ruled the Crown failed to establish necessary intent for assault – and Gosse was found guilty of the lesser included offence of dangerous driving causing bodily harm.
The judge also said surveillance video of both vehicles travelling from the Saanich Peninsula to Ogden Point failed to show any evidence of interaction between the men.
Investigators said alcohol and drugs weren’t factors in the crash, and there were no mechanical conditions present in either vehicle.
Neither Gosse or Broda testified in the trial.
Broda said he had no memory of the day the crash occurred because of the significant injuries he suffered, and Gosse exercised his right to not take the stand.
Broda has launched civil action against Gosse and said he expected to hear his recollection of events during that trial, in which Gosse is required to be examined under oath.
A date for sentencing will be set on April 27.
