Whitehorse man found not guilty of dangerous driving after he fatally ran over partner with tow truck

A Whitehorse man who fatally ran over his partner with a tow truck has been acquitted by the court.

Jason Evans was facing one count of dangerous operation of a motor vehicle causing death. Police laid the charge against him after Joanne Felix was killed in the early hours of July 31, 2023. Felix, 42, was originally from Tuktoyaktuk, N.W.T.

Yukon Territorial Court Judge Michael Cozens found Evans not guilty in a decision he read in court on Thursday. The trial was last September.

The court heard that Felix was killed in the parking lot of their apartment in Whitehorse's Whistle Bend neighbourhood. Evans had brought her home because she'd been drinking, with the intention of going back to work and leaving her home alone. Security footage shows the couple entering the apartment together. A few minutes later, Evans leaves and Felix follows him.

When Evans gets into his tow truck and starts it, Felix is seen grabbing onto the passenger side door. Evans stops, starts and reverses the truck several times with Felix running alongside or holding onto the vehicle, before disappearing from view. Evans is seen exiting the truck and walking to the back of the vehicle.

The court heard Evans was audibly distressed while calling 9-1-1 and begging for an ambulance. Felix was later pronounced dead at the scene.

Felix's death deemed a tragic accident

In his decision, Cozens said he couldn't find Evans guilty of driving dangerously, beyond a reasonable doubt.

He noted Evans was sober and he was driving slowly. Evans said he tried to get Felix off the door and then tried to drive out of her way. Cozens believed that Evans was concerned about Felix's safety and didn't want to hurt her.

Those actions fall short of dangerous driving, even though he should have foreseen the risk, Cozens said. Evans said Felix was "blacked out" that night. He also said she had been injured in a similar situation prior to their relationship, from grabbing onto a moving vehicle while intoxicated. 

"This is a difficult case," Cozens said.

He said Evans should have stopped the vehicle, but his choice to try driving away slowly doesn't constitute dangerous driving to the extent that would warrant a conviction.

"This was a tragic — albeit avoidable — accident, the consequences of which are devastating. In particular for Ms. Felix and her family, and something I expect Mr. Evans will have to deal with for the rest of his life," Cozens said.