Man who pushed senior woman over as he ran up Yonge Street guilty of manslaughter

The man accused of pushing an 89-year-old female from down connected Yonge Street, starring to her abrupt death, astatine nan commencement of past twelvemonth has been recovered blameworthy of manslaughter.

Ryan Cunneen, from Toronto, pushed Xiaoxia Wang, 89, while she was stepping successful nan downtown halfway connected Jan. 20, 2023.

After a judge-alone proceedings successful June, Superior Court Justice Rita-Jean Maxwell told a Toronto courtroom connected Tuesday that nan Crown had proven beyond a reasonable uncertainty that nan offence was not an accident, but alternatively an assault.

Maxwell recovered Cunneen, who was moving astatine apical speed, deliberately put his 2 hands connected Wang’s precocious backmost and pushed her, causing her to autumn to nan crushed wherever her look deed nan pavement pinch important unit to origin her caput to threat backyards.

The post-mortem recovered nan origin of decease to beryllium hyperextension cervix trauma owed to bluish unit facial trauma causing spinal cord and encephalon damage, starring to her abrupt death.

Court heard that Wang was successful remarkably bully wellness for personification who was 89 years old, different than proceeding nonaccomplishment which was treated pinch proceeding aids.

Cunneen testified successful his ain defence that he was having a difficult time and was emotion stressed retired truthful he decided to sprint up Yonge Street from King Street to Adelaide Street, Having years of acquisition arsenic a runner who could, astatine his best, tally nan 100-metre dash successful nether 10 seconds, he said moving helped his stress. The sidewalk seemed clear, though he testified location were group stepping pinch bags but he was capable to debar them.

He said he didn’t spot Wang until nan past infinitesimal and described really she abruptly turned astatine a crisp 90-degree perspective and astatine nan velocity he was running, location was nary measurement to debar her. He testified he put his hands up arsenic a reflex to debar falling and collapsing pinch nan aged woman.

Cunneen testified he kept moving because Wang was astir apt hurt. She was smaller than him and he was fearful paramedics and constabulary would get and he would get successful “big trouble”. He believed he heard nan autumn and accepted he stumbled complete her assemblage but kept moving up Yonge Street and didn’t look back, saying it was retired of his power and location was thing he could do to thief her.

Justice Maxwell recovered Cunneen’s recollection inconsistent pinch video grounds which showed nan then-37-year-old moving northbound on nan westbound sidewalk. She besides said she had concerns astir nan reliability and, successful immoderate instances, nan credibility of his evidence. “I don’t judge that she veered successful beforehand of him nor that he pushed her arsenic a abrupt reflex.”

Maxwell besides rejected his grounds that he didn’t spot Wang connected nan sidewalk and could not debar a collision pinch her. “He could person adjusted his trajectory and passed her connected nan correct broadside moreover if he was moving astatine a precocious complaint of speed. Further, location was room connected nan near arsenic well,” nan judge said.

She besides pointed retired that that his deficiency of hesitation and continuing to tally northbound connected Yonge Street, including his nonaccomplishment to region aliases look backmost to spot what happened, is applicable to his grounds that nan interaction was accidental. “One would expect personification to hesitate earlier continuing connected erstwhile they do thing accidentally.”

The judge did find Cuneen’s grounds reliable that he was having a difficult time and was stressed retired and was moving up Yonge Street to alleviate stress. “I judge he was disappointment by Ms. Wang. He whitethorn person perceived her to beryllium successful his way, not because she veered into his measurement only because she was connected nan sidewalk, impeding his way.”

Just 5 minutes earlier nan fatal assault, Cunneen was captured connected video surveillance astatine a Subway edifice connected Church Street. He tin beryllium seen speaking to a clerk while holding a ceramic successful his manus down his back. The clerk testified astatine proceedings that Cunneen asked what she was trading and erstwhile was closing time. She thought it was unusual and said aft she turned her backmost to nan door, she heard a large sound. Video captured Cunneen throwing a ceramic astatine nan exterior model of nan shop earlier stepping away. He appeared to beryllium shouting and gesturing. At nan adjacent of nan Crown’s case, Cunneen admitted his guilt to nan complaint of mischief.

A infinitesimal later, surveillance video captures Cunneen connected Colbourne Street approaching a parking enforcement vehicle, opening nan driver’s broadside door

The constabulary takedown was besides captured connected body-worn camera footage shown successful court. Police Const. Minchin tin beryllium seen approaching Cunneen, who matches a photograph of nan suspect. Cunneen tin beryllium heard saying, “Put your hands successful your pouch and we’ll spell for a locomotion to nan courthouse, OK?” Cunneen past walks distant earlier nan serviceman tin beryllium heard asking for backup connected her radio. Moments later aft a short ft pursuit, he is taken down to nan crushed and placed nether arrest.

Crown prosecutors said they would beryllium seeking an exertion for an NCR (not criminally responsible) assessment, telling nan tribunal “there are reasonable crushed to uncertainty Cunneen was criminally responsible astatine nan clip of nan offence”.

At first, defence lawyer Maureen Addie said Cunneen vehemently opposed nan application, but aft a recess and speaking pinch her client, told tribunal nan defence would beryllium consenting to nan NCR assessment.

Maxwell ordered an NCR assessment. If a forensic psychiatrist finds Cunneen is NCR and suffered from a intelligence upset astatine nan clip of nan manslaughter, he could beryllium exempt from criminal work and would beryllium ordered to beryllium treated successful a psychiatric facility.

Cunneen will return to tribunal connected Aug. 9 to group a day for a sentencing hearing.