Dangerous driving trial held for Whitehorse man who fatally ran over partner with tow truck

The case of a Whitehorse man who fatally ran over his partner with a tow truck in the parking lot of their Whistle Bend apartment last summer is now in the hands of a judge.

Jason Evans faces one count of dangerous operation of a motor vehicle causing death, a charge police laid against him after Joanne Felix, 42, was killed in the early hours of July 31, 2023.

Evans's judge-alone trial began in Yukon Territorial Court last week, with the Crown calling five witnesses over two days — all of them police officers who attended the scene or who were involved in the investigation — as well as playing a number of security-camera videos and Evans's frantic 911 call. 

The defence did not call any evidence. 

Both sides gave their closing arguments Wednesday, with Judge Michael Cozens reserving his decision to a later date. 

While Evans didn't take the witness stand, the security footage and a statement he gave to police helped outline the events that led up to Felix's death. 

Security cameras captured Evans and Felix returning to their apartment on Tarahne Way in his tow truck shortly before 3 a.m. that day. 

Evans, in his police statement, said that he'd been at his workshop when Felix was dropped off there. He told police that she'd been drinking and he decided to take her home, after which he intended to go back to work.

The security footage showed Evans and Felix entering their apartment together, with Evans leaving alone a few minutes later but Felix following closely behind. 

As Evans gets into his truck and starts it, Felix runs up and grabs onto the passenger's side door, walking alongside the vehicle as Evans slowly pulls the tow truck forward.

Security cameras from other buildings captured the truck driving, stopping and reversing several times, with Felix running next to or holding onto the vehicle before disappearing from view. Evans can then be seen exiting the truck and walking to the back of the vehicle. 

In the 911 call, an audibly distressed Evans begs for an ambulance and help, at one point telling the operator, "She's dying!" 

"Is she breathing?" the operator asked.

"No," Evans replied.

Felix, who was originally from Tuktoytuktok, N.W.T., was later pronounced dead at the scene.  

Defence claims Felix was 'aggressor'

While there was no evidence that Evans was intentionally trying to hurt Felix, Crown attorney Leo Lane said in closing submissions that the law didn't require the judge to find that Evans did anything on purpose — just that his actions showed a "marked departure" from the standard of care.

Evans, Lane argued, was aware that Felix was intoxicated by alcohol — he had told police that he believed her to be "blacked out" and that prior to their relationship, she had grabbed onto a moving vehicle while intoxicated and was injured as a result. 

Evans was also a seasoned tow truck driver and was aware of the size of his vehicle, Lane said, and throughout the incident, was aware that Felix was holding onto or standing very close to it. 

Under the circumstances, Lane argued, there should be "no difficulty" in determining that it was dangerous for Evans to put the tow truck in motion several times with Felix right next to it.

As well, there was no evidence that Evans was in any danger, Lane argued, and he was trying to get away from Felix because he found her an "annoyance." 

Evans should have stopped the tow truck and found another way to deal with the situation, Lane said. 

Defence lawyer Kevin Drolet, however, argued in his closing submissions that the Crown had failed to establish any dangerous driving occurred, listing off a dozen factors that he said proved the opposite. They included the clear conditions, the "extraordinarily low" speed Evans was driving at, the lack of any sudden acceleration or racing, the fact that Evans was sober, and the absence of other vehicles or pedestrians. 

Drolet argued that instead, Felix was responsible for several Motor Vehicles Act and Criminal Code violations by stepping into the roadway of the parking lot and chasing after and touching Evans's tow truck. 

Drolet alleged that Felix's actions amounted to an attempt to "unlawfully confine" Evans, and argued that Evans made "reasonable attempts" to get out of the situation. 

"She chased him. She was the aggressor here. She was the one who latched onto the truck…. He was the one who was being responsible, he was just trying to get away," Drolet argued. 

There was also no evidence that Evans's driving was the reason Felix ended up under the truck, Drolet argued. While the Crown speculated that part of the truck clipped her and caused her to fall, Drolet said there was no proof of that — the exact moment was not visible on the security cameras and investigators did not do a scene reconstruction — and that it was equally possible Felix could have tripped by herself and fell. 

The Crown, in reply, urged the judge to reject the "self-defence" angle presented by Drolet, arguing that Felix didn't pose any real threat to Evans and that even if she did, Evans had alternatives available to him. 

"All he had to do was stop," Lane said.