Fergus Hunter's fate is now in the hands of a Calgary judge.

The 21-year-old is charged with hit and run and dangerous driving causing death in the May 2012 crash that killed 10-year-old Eleasha Wesley.

Wesley's family was driving west on Highway 1 back to their Morley home west of Calgary after a shopping trip when their Pontiac Grand Am was hit from behind.

The car flipped into the ditch and Wesley, who wasn't wearing a seatbelt, was ejected. She died shortly after.


Eleasha Lisa Wesley, 10, died after a car accident in 2012. She was ejected from the car her family was driving in after a shopping trip. (Submitted by the Wesley family)

Prosecutor Jonathan Hak presented evidence during the trial linking pieces from the bumper of a damaged Kia van seized from Hunter's mother's home in Morley with debris found at scene where Wesley died.

Video evidence showed Hunter had also been in two liquor stores near the scene just minutes before the crash.

Witness testimony 

Kerry Holloway, who was also heading home to Morley from Calgary, testified to witnessing the accident and following the offending red van.

Holloway told Justice Pat Sullivan that she briefly lost sight of the vehicle before catching up with a damaged red van at a gas station down the road. She called 911 with the licence plate number. 

Holloway also told the court the driver was wearing green camouflage just before the crash. The video surveillance from the liquor store shows the man identified as Hunter in a green camouflaged jacket.

"These unique features lead to the irresistible conclusion that the suspect van is the same as the seized van," said Hak in his closing statement.

Accident scene

The car Eleasha Wesley an her family were in at the time of 2012 accident. (Calgary Police Service)

Hak argued the Crown had proven beyond a reasonable doubt that the van seized from Hunter's mother's home was the van that hit the Wesley's car and that Hunter was the driver.

Hunter's lawyer Alain Hepner told the judge he disagreed, arguing there was reasonable doubt that the van seized was the one involved in the crash and that his client was driving it.

Hepner described the prosecution's key witness, Kerry Holloway, as a "good witness for the Crown and an even better witness for the defence."

Hepner argued there wasn't enough time for Hunter to have been at the liquor store and then make it to the collision scene at the time of the crash.

At the time of his arrest, Hunter was out on bail for dangerous driving-related offences.

Sullivan will hand down his decision Thursday.