The trial of a 25-year-old Calgary man charged after Olds College student Nicholas Baier was run down and killed outside an Olds bar in October 2010 is underway in Court of Queen's Bench Calgary.
Jeffrey Leinen faces charges of second-degree murder, aggravated assault, and criminal negligence causing bodily harm.
The case is being heard by a seven-man, five-woman jury before Justice Marsha Erb.
As well as causing the death of Baier, the accused is also charged with injuring Dan Skocdopole, 19.
In his opening statement to jurors, crown prosecutor Roy Smith said the crown intends to prove that Leinen deliberately drove his Ford F250 truck into a crowd of people outside the Texas Mickey on Oct. 29, 2010.
He said the Crown intends to prove that Leinen was angry after having been kicked out of the bar by staff.
“The accused was angry and took action deliberately and intentionally and Nicholas Baier lost his life as a result.”
In an agreed statement of facts from the Crown and defence, which was entered as an exhibit in court, the accused admitted that he was the driver of the Ford F250 truck that hit the group of people including Baier and Skocdopole.
The statement of facts also outlined Baier's injuries, which included multiple fractures to the skull, a laceration to the brain, and contusions on the brain.
Prosecutor Roy Smith said the trial is expected to last two to three weeks.
Evidence to be called includes police video, surveillance video from the Texas Mickey and expert witness testimony.
Leinen, wearing a dress shirt and jeans, appeared to be listening intently to the proceedings.
Following the Crown's opening statements, jurors were shown a surveillance video taken outside the Texas Mickey.
In the video, a pickup truck can be seen stopped in front of the entrance of the bar.
The vehicle then accelerates into the crowd of people before turning southbound on 50 Avenue.
In the video several people can be seen jumping out of the way.
Ryan Walker, a second-year Olds College Land and Water Resources student at the time of the incident, testified for the Crown.
He said he watched the vehicle run into a group of people.
“I heard the engine on this truck rev and heard the tires squeal. I saw him drive through the group of people. He had to have stepped on it, full throttle almost.”
Walker said the vehicle hit him and knocked him out of the way. He was not injured.
He estimated the truck was travelling 30 to 40 kilometres an hour when it ran into the crowd.
Frank Van Humbeck, Baier's uncle and the family's spokesperson, said seeing the video in court was shocking to him.
“It just brings it all back.”
Van Humbeck said Baier's family members will be attending throughout the trial.
