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weekender october 4 1986 pll markham man still on trial for fatal accident by paula crowell staff reporter a markham man facing trial on charges including cri minal negligence causing death was described as stag gering and unsteady by a police officer who attended to him tyron kerrutt 47 was taken to the oak ridges office of ontario provincial police about one hour after a headon collision on hwy 48 between 18th and 19th aves the accident caused the death of sixyearold neale hagan of scarborough opp constable dan john son testified at the provincial court trial that a smell of alco hol pervaded from mr ker rutt while the two were sitting in the back seat of a police cruiser on the way to the sta tion he added that once there mr kerrutt could not find the door handle of the police sta tion mr johnson said the open side of the door is clearly marked with a large horseshoeshaped handle compared to the hinged side which has no distinguishing features the officer said he told mr kerrutt to move to the right side of the door to open it but his comment went unacknow ledged and the man did not move i physically moved him to the right so the door could be swung open he said he added that mr kerrutts speech was slurred some what and that his response to questions requiring a yes or no answer were no more than grunts mr kerrutt is also charged with failing to remain at the scene of an accident trespas sing by night failing to sur render a drivers licence and failing a breathalyzer he was convicted of a charge of impaired driving last january during thursdays testi mony mr johnson said mr kerrutt was given the breathalyzer test and subse quently asked to comb his hair onto a sheet of paper and re move his clothing and shoes defence lawyer david hob- son commented that the inves tigation seemed exceptionally thorough on a man whose only charge at that point was im paired driving he suggested to mr john son the taking of the clo thing and samplings of hair is not part of the normal inves tigation for an impaired driv er it was to satisfy yourselves that mr kerrutt on indepen dent forensic examination would be the driver of the vehicle the police officer agreed with this comment the accident for which he is charged took place sunday sept 15 1985 on hwy 48 a northbound station wagon crossed the centre line and hit a southbound vehicle carrying two passengers neale hagan died as a re sult of his injuries his father william and driver john jones were also injured in the crash december trial for driver by kevin hann a 28yearold man facing six charges in connection with a fatal motor vehicle accident in janu ary will go to trial in december richard john mcmerty is charged with four counts of dangerous driving causing death one count of dangerous driving causing bodily harm and refusing to provide police with a breath sample to determine the amount of alcohol in his blood he will be tried on all six charges by judge and jury according to the district court crown attorneys office the charges stem from a jan 18 accident which claimed the lives of four markhamarea peo ple according to police reports a transport truck and minivan col lided at the intersection of brock road and finch avenue four people in the minivan died while one passenger and the driver of the transport cab survived sheri lynn gerrard 15 father thomas gerrard 42 rena grunert 16 and mother renata grunert 40 were killed in the col lision police reports say all four were returning home from a swim meet at pickering recreation complex when the accident occurred on june 4 1986 court placed a ban on publicaton of testimony given during the first day of mcmertys preliminary hearing in ajax provincial court according to new provisions in the canadian criminal code a person convicted of dangerous driving causing death faces a maximum of 14 years imprison ment for dangerous driving causing bodily harm the max imum sentence is 10 years both convictions also carry a 10year restriction from driving a new way to shop h b a new way to save coming soon the and nin lanes fashions getaways ladies clothier austrian elegance peaches w jeans greta fine lingerie fragrance boutique services mvl womens fitness club northern lights tanning spa e la hair design intra village lanes travel venet classique cosmetics sketchly cleaners food specialties lindners fine dining whistons lounge markham village grocer tea masters flavours ice cream gift decorating presents of mind o buy the yard paralle window coverings aunt sarahs attic mariposa floral designs e hillebrand wine market luciosgold and say hello rmkanvillbna mm 5 15 i village hours monwed 106 thurs fri 109 sat 106 open sundays 12 noon5q0 p j