A father and son, both life-long Gibsons residents, were found not guilty of assault for a Nov. 17 2023 road rage incident near the Payne and Reed Road intersection. Provincial court judge Steven Merrick delivered that verdict to Gary and Tanner Evans in Sechelt on Oct. 10, after a trial that began the day before.
Seven witnesses testified in the proceedings including the Evans, a 71-year-old Gibsons man who was the alleged assault victim and his wife, the arresting officer, and two individuals who came upon the disruption.
After testimony concluded, Crown counsel Joe Zondervan suggested to the court that the matter be dismissed. Although both accused admitted to making physical contact with the senior male after a near rear-end collision between their Ford Transit work van and the senior’s Tesla, based on what he heard, Zondervan indicated he was unsure of how the violence started or escalated.
Merrick agreed, stating that he heard “six different versions of the same incident” and was unable to rule that either of the accused were guilty of assault beyond a reasonable doubt.
Testimony
The testimony offered no dispute that just before the mid-afternoon physical altercation, there was a sustained period of vehicle horn honking, which van driver Gary Evans, 57, admitted he instigated. It was also agreed that both vehicles were on Reed Road and the van came up close to the rear of the Tesla after it had turned off Payne Road and was moving slowly along Reed. There was general agreement that both vehicles quickly came to a stop and the drivers and then the passengers exited the vehicles.
It was the evidence of both accused that the reason for the honking was the Tesla did not obey the stop sign before turning onto Reed and that Gary Evans was forced to slam on the van’s brakes to avoid a collision. The van driver stated the Tesla’s movements first surprised him, then made him angry that “I almost wrecked my van.” He said that after the shock of the near-collision began to subside, the possibility of there being a problem with the Tesla or its driver entered his mind. He said he was thinking “maybe I am the A-hole for honking” as he stepped out of the van.
The senior testified he did stop his car before proceeding on to Reed. His testimony was that once on Reed he heard the horn sounds and saw the van close behind his vehicle. He said he stopped at the edge of his lane, stating he was concerned the other driver was trying to alert him to something being “wrong” with his car.
According to both drivers, the verbal exchange between them once out of their vehicles quickly moved to yelling and swearing. Each said the other was the aggressor in the argument.
Accounts of the altercation that followed varied. There was agreement by all who testified that a physical struggle between the two drivers unfolded in a matter of seconds and the Tesla driver wound up on the ground.
Tanner Evans, 29, the only passenger in the van, testified after leaving his seat, he used his body to block the Tesla driver’s wife (who had been a passenger but was now out of the car) from entering the fray. “I did not want her to get in the middle… to get punched or knocked over,” he said. His testimony was that the skirmish was escalating. ”I was concerned about my Dad’s safety. I wanted it [the fight] to end” he said.
He admitted to landing one punch on the Tesla driver’s cheek and throwing a second that grazed the older man’s face. He said the man then went to the ground.
The two witnesses who came upon the scene both said they focused their efforts on ensuring the senior, now lying near the centre of the road, was safe until the authorities could arrive. One called 9-1-1.
Police actions at the scene
RCMP Cst. Leslie Ghag testified she responded to the site at 3:40 p.m. and assessed the man on the ground as unconscious and in need of medical assistance. She called for backup to manage the scene.
According to her testimony, BC Emergency Health Services personnel arrived and transported the senior to Sechelt Hospital and she proceeded to take statements from those on scene. That, she said led her to handcuff, arrest and then release Gary and Tanner Evans at the scene, without incident.
