Judge clears driver, but case not closed

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Just 10 days after a Native commercial fishing boat owner said he had concerns about his safety after a judge cleared him of any wrongdoing in the death of a teenager, his boat mysteriously sank while moored in a safe harbor.

Police are still investigating if Myles Jones' 50-foot boat was deliberately sunk, said Ontario Provincial Police Sergeant Dan Hillman. It is the second time in two years that Jones' boat has sunk while moored.

On March 1, Jones, 49, of the Cape Croker reserve on the shores of Lake Huron, was found not guilty of trying to escape criminal charges or civil charges following the death of Nigel Johnston-Lavelley.

The 17-year-old died after being run over by a pick up truck driven by Jones at Cape Croker on Nov. 14, 1999.

"This was not a situation where an individual struck someone with their vehicle and left the scene, hoping not to be detected as the individual responsible," said Justice Robert Thompson in dismissing all charges against Jones.

When Jones discovered Johnston-Lavelley's body on the road he immediately contacted police and then returned to the scene and sought assistance from a neighbor. He then left to pick up a crewmember of his fishing boat to take him to the boat so the crewmember could start working, said the judge.

Jones returned to the scene and gave police a statement.

Jones told police he felt a slight bump as he went by what he thought was a dog lying in the road. This was just before 6 a.m. When he passed a few minutes later he saw it was the teen who for some unknown reason was lying face up in the middle of the road.

Jones initially didn't believe his vehicle had come in contact with the teen, but accepted police forensic evidence that it was his right rear wheel that had run over the youth.

Because Jones had left the accident scene to pick up his crewmember he was charged with failing to remain at an accident, but Judge Thompson found that his actions were "not those of a person trying to escape responsibility for an accident he knows he caused."

Johnston-Lavelley's family members were clearly shaken at the verdict.

"There is no justice," said Sandra Johnston-Lavelley.

Jones, who was escorted out of the court by several police officers, an unusually heavy police presence in this rural community, said only "this isn't over yet." Ten days later his boat could barely be seen as it lay on its side submerged in about 20 feet of water.

Several sailboats stored on the dock will need to be moved before the boat can be raised.

Jones' boat hasn't been the only target in the last two years. In early 2000 his house was burned to the ground and a few months later his truck was torched. No charges have been laid in connection with any of the incidents.