Judge finds Barrie man purposely ran down neighbour over suspected affair with wife

·2 min read

“Divorce is hell,” begins Justice Cary Boswell’s decision in finding that a Barrie man intentionally ran down his neighbour and “erstwhile best friend” whom he believed was having an affair with his wife.

“This is a case where Mr. Pacheco was clearly angry at his wife and (the neighbour) for their relationship,” Boswell wrote in his Ontario Superior Court of Justice decision released Nov. 6.

The fact-finding hearing followed Isidoro Pacheco’s guilty plea to dangerous driving causing bodily harm to resolve contested facts Boswell said were relevant to sentencing.

Pacheco maintained he didn’t mean to run the man over with his pickup truck during the late summer of 2018, but the Crown prosecutor said he did it on purpose.

Boswell found Pacheco was agitated and distressed as he drove along Baker Crescent — near Bayfield Street and Ferris Lane in north-end Barrie — when he saw the neighbour in his driveway helping his wife move out.

The neighbour testified that that morning, while helping Pacheco’s wife move, he spotted Pacheco’s truck coming around a bend on his street and as it neared, accelerating, coming right at him with Pacheco yelling out the open window “You son of a bitch!"

He, as well as Pacheco’s wife, told the court they weren’t having an affair in September 2018 and claimed Pacheco’s suspicions were not grounded in reality at the time, the judge observed, pointing out the former wife and neighbour now live together.

The judge found Pacheco to undoubtedly be remorseful, having difficulty speaking about it to the court, breaking into tears and hyperventilating.

But he ultimately concluded Pacheco did aim his truck at his neighbour on purpose.

He said there had been a heated dispute the night before after Pacheco saw his wife and neighbour at a laundromat. He was then up all night and in an agitated state, finally breaking down at work and was sent home.

Then, as he headed home, he came upon the moving scene, making it more likely for him to react impulsively and angrily, the judge found.

“There is no reason for his truck to have left the travelled roadway and made a direct line at (the neighbour), save for active steering in that direction. Mr. Pacheco’s account of how the truck came to leave the road is simply unbelievable,” the judge concluded. “Despite having two flat tires he nevertheless maintained a straight trajectory…

“I am satisfied that the only reasonable conclusion on the evidence I accept and rely upon is that the collision was intentional.”

Pacheco is scheduled to return to court Dec. 4 for sentencing.

Marg. Bruineman, Local Journalism Initiative Reporter, barrietoday.com