Vernon musician acquitted in fatal Enderby pedestrian collision

A Vernon musician has been found not guilty after being charged in relation to a fatal collision with a pedestrian on Canada Day 2023.

At the Salmon Arm courthouse, March 25, BC Provincial Judge Jeremy Guild said Marvyn George Machura had taken all reasonable steps to avoid the collision which killed Harry J. Jones Jr. as the pedestrian used a crosswalk in Enderby.

“Mr. Jones was not visible to northbound traffic until it was too late to avoid the collision,” Judge Guild told the court.

Judge Guild said the case wasn’t about proportioning blame.

“For those who knew Mr. Jones, this trial, and these reasons, may provide little solace. It will not bring him back. It is clear in this trial Mr. Machura has also been significantly impacted by the collision. I have no doubt he also wishes the clock could be unwound,” the judge said.

The incident took place just before midday on July 1, 2023, when Machura, then 60, was driving northbound on Highway 97A heading into Enderby.

At the time, there was a pedestrian-activated light at the intersection near Canyon Road. 

Jones, who was a much-loved Splatsin First Nation elder, was in the crosswalk when he was hit by Machura’s vehicle.

Machura was later charged with driving without due care and attention and pleaded not guilty at trial.

Numerous witnesses were called and police produced a reenactment video, which was presented as evidence to the court.

Judge Guild read out his lengthy decision, which found that Jones was likely partially obscured by a bush and by the time Machura saw him, it was too late.

Video evidence taken from a CCTV camera at the gas station across the street showed Jones touched the button on the crosswalk light on two occasions, but witnesses testified the light wasn’t flashing when Jones was in the crosswalk.

“For some reason, whatever motions Mr. Jones made at the crosswalk pole, the lights were not activated,” the judge said.

Witnesses also said Jones, who was 62, had bent down a little before he started jogging across the crosswalk.

Judge Guild said this would have also made it more difficult to see him.

The judge found Machura was driving below the speed limit and he’d taken all reasonable steps to avoid the collision.

“The evidence indicates that he was not readily visible until Mr. Machura was at best 83 meters away from the crosswalk, but taking into account other factors involved in driving, like looking at the road and watching other vehicular traffic, I conclude Mr. Jones may not have been visible for another second or two,” the Judge said. “The evidence does not present a more precise conclusion, but that means Mr. Jones may not have been visible to Mr. Machura until it was too late to avoid the collision.”

After Jones Jr.’s death, the flashing pedestrian light was replaced by traffic lights.

Machura is a well-known Okanagan musician and also advertises himself as a psychic.

Jones was a talented artist and a popular member of the Splatsin First Nation. Memorial T-shirts printed shortly after his death simply read, “The Legend.”