Were the tears she shed in court false? Was she merely putting on a tearful show in the hopes it would help her dodge a conviction?
That’s what the family affected by Ruth Burger’s deadly crash is wondering after the 66-year-old recently filed an appeal.
Burger was found guilty of two counts of dangerous driving causing death and dangerous driving causing bodily harm after her car backed into a London, Ontario Costco at 50 km/h, an incident which claimed the lives of a young girl (6-year-old Addison Hall) and her unborn sister (Danah McKinnon-Bozek underwent emergency c-section, but her baby Rhiannon succumbed to her injuries).
The family’s lawyer reports that they’re “shocked and disappointed” by this news.
Many are asking WHY? Why is she appealing this decision?
An email to The Stafford Show suggests that maybe she’s appealing because in order to hold a job, she needs to be able to drive to a place of employment (she was handed a 5 year driving ban).
Do you have any sympathy for this woman?
Instead of doing time behind bars, Ontario Court Justice Jonathon George decided to sentence Burger to 3 years probation, 240 hours community service, and a five-year driving ban.
The National Post reports HERE that these are the grounds of the appeal:
• the judge erred in rejecting Burger’s evidence “on the basis of speculative conclusions made in the absence of evidence.”
• the judge focused on the consequences rather than the driving “when assessing dangerousness.”
• the judge erred by convicting Burger of dangerous driving “in the absence of requisite fault requirement.”
An investigation revealed that she traveled half the length of a football field in just over 5 seconds before making contact with the Costco and a young family.
Burger claimed during her trial that her foot was stuck under the pedals, causing the car to accelerate and stopping her from properly braking.
Data from the vehicle’s computer reveals that she was “misremembering” (Judge’s determination; others feel that she was lying) the scenario, as the throttle was 100% open during the crash.
Burger addressed the court Tuesday, saying “Sorry is such an inadequate word but I don’t know what else to do.” She says she’ll never be the same again, and agonizes over the lives lost.