Semi driver found not criminally responsible in fatal crash gets 6 months for fleeing to Paraguay

The semi-truck driver who fled to Paraguay after being charged in a fatal head-on collision has been found not criminally responsible by a Manitoba court.

Randolf Enns, 37,admitted tocausing the fatal crash, but arguedhis schizophrenia madehim not criminally responsible.The Crown challenged that,arguing there was no proofEnnswassuffering from a psychotic episode at the time.

Provincial court judge Catherine Carlson said evidence froma doctor who completed a psychiatric assessment of Enns,and from witnesses before and after the collision, convinced her thatEnns'actions were those of "someone who is mentally ill [and] was in the throes of an episode."

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Enns was charged with dangerous driving and resisting arrest afterthe semi he was driving crashed into a pickup truckon the Trans-Canada Highway just outside Winnipeg, killing 21-year-oldDerek Bossuytin July 2013.

Enns' semi-truck sped through two red lights and crossed the median, slamming into an oncoming truck nearHeadingley, Man.

After the crash, witnesses describedEnnsrunning around and yelling. When police arrived on scene minutes later,Ennstold an officer to go away and said "I don't want to talk to you ... You can worship me."

Ennscontinued to wander around and mutter in a foreign language until police officers arrested him and took him to hospital.

After the ruling, members ofBossuyt'sfamily took a moment alonein the courtroom with the Crown attorney,Manoja Moorthy.

When they left the courtroom, they told CBC News they were disappointed but not surprised. They said they weren't looking for punishment, but they were hoping to get justice.

Breached court orders

Ennsalso pleaded guilty to breaching two court orders, one for not showing up to a scheduled court date and one for not being at the British Columbia residence where he was required to live.

Enns did not show up for thescheduled court appearance in October 2014, and CBCNews later found him living in Paraguay, where he holds dual citizenship.

The Crown prosecutor told court that when Ennstook off to Paraguay it caused a significant delay that left Bossuyt's family with fiveanniversaries of hisdeath, five Christmas holidays and five birthdays where there was no justice or closure.

"They have not been properly able to grieve," Moorthysaid, because Ennsleft the victim's family "in a limbo."

The defence said Ennswent to Paraguay to deal with an ailing mother-in-law, but Moorthy said that felt like a "slap in the face" forBossuyt'sfamily, because he left them without their beloved family member.

Enns received a six-month sentence for missing court, but his time already served will count toward that sentence. He has beenin custody since his returnto Canada in November 2016.

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Judge Carlson gaveEnnsthe opportunity to speak.He spoke for about a minute, extendinghis condolences to the family.

"It's beyond my understanding. It's terrible," he said.

While he was speaking, members ofBossuyt'sfamily walked out of the courtroom. They later came back in.

Court previously heard from thedoctor who completed a psychiatric assessment of Enns. The doctor said Ennshad been first diagnosed as having schizoaffective disorder in 2008. Enns was admitted to hospital again in 2009 and 2012, showing symptoms of schizophrenia.

Moorthyhadargued that although the collision might have triggered a psychotic episode after the crash, there was no evidence to show Enns was ill in the hours or days prior.

Ennsis expected to go before a mental health review board within 45 days.