Damage charges are being levied following a fatal vehicle and bicycle accident in Windsor.
CTV News has learned that defendant Kelsey Barkowski has died.
Barkowski, 28, was accused of driving with difficulty in the death of 58-year-old Ken McEldowney, who died in hospital on March 26.
The night before, just before midnight, McEldowney was riding his bike on Wyandotte West near Caron Avenue when he was hit by a car.
His sister Tracy McEldowney says Ken’s injuries were severe, “breaking bones from his legs to his head to his ribs (s) and then she left him to die.” McDowney family members stand near the Wyandotte Memorial Street West in Windsor, Ont. Wednesday, March 30, 2022 (Michel Maluske / CTV Windsor)
Barkovski is also accused of leaving the scene.
Police published a detailed description of the suspect vehicle after the collision, but did not file charges until April 5, 11 days after the accident.
“He (Ken) was really a big part of my family,” says Tracy McEldowney. “He was such a person that if you ever need anything, he will be there. For example, he almost lived to take care of other people.
McEldowney says the family is “shocked and disappointed” to hear of Barkowski’s death.
“I really wanted everyone to know that this wasn’t just a small incident,” McEldowney said. “The story of what happened to my brother as far as the public is concerned is over.
The McDowney family believes they have been robbed of all justice for their loss.
“I just wanted her to live with it. She didn’t have to live with that. Not long enough. “He had to live with that for a while,” McEldowney said.
Bobby Russon, Barkowski’s lawyer, learned of his client’s death on June 10, but will not say how Barkowski died.
“She had a very difficult time dealing with the public attacks against her,” Russon said in an email, adding that it was very early in the trial.
“The level of disclosure I received was too limited to get to the point of discussing her guilt or innocence with her, so that’s a topic we didn’t touch on,” Russon said.
“I wish I could secure more imprisonment for Mr. McEldowney’s family than that, but I can’t,” Rasson said.
An official from the royal prosecutor’s office in Windsor says the charges against Barkowski will be dropped sometime this week, although she was originally scheduled to appear in court on June 21.
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