US-based expert witness, Glenn Luben gave evidence today of his conclusions following an investigation into the cause of the fatal collision
Marco Warren Photo: PHC/Twitter
A crash investigator today linked a taxi driven by Curtis Rchardson to fatal injuries suffered by footballer Marco Warren.
Former Government Senator Mr. Richardson denies causing the death of Mr. Warren by driving without due care and attention.
Tampa-based collision investigator, Glenn Luben is an impact analyst and adjunct lecturer on scene reconstruction for law enforcement, testifying for the crown’s case.
Mr. Luben told jurors: “I concluded a vehicle, T1194, a taxi, is the vehicle that ran over Marco Warren in the street on North Shore Road.”
He had put together photographs, post-mortem details and the body measurements of Marco Warren, supplied by a forensic pathologist.
Mr. Luben said Mr. Warren was standing up right and walking before being struck in the east bound lane of North Shore Road, near the entrance of Panorama drive.
Crown prosecutor Carrington Mahoney asked Mr. Luben how he reached his conclusions.
He described analyzing photographs of Mr. Warren injuries; two pelvic fractures or pattern of lines consistent with contact with two support beams of the taxi engine’s transmission.
He said: “All these markings on the body are indicative of the body being run over.”
Mr. Luben told the jury he visited the island for three days and was tasked by the Bermuda Police Service to investigate what happened in the early hours of May 14, 2023.
He made measurements of the taxi and its bumpers and concluded they matched the location of marks on Mr. Warren’s leg.
He further suggested the dimensions of Marco Warren’s injuries from the feet to the torso, collapsed diaphragm and broken ribs, matched the measurements of the vehicle.
He also noted that when examining the taxi vehicle allegedly involved in the incident, he was informed the taxi had changed ownership and had a new taxi plate, T1183.
Questioned about speed, Mr Luben said the taxi was moving at low or medium speed.
He said: “There was no evidence such as skid marks or braking to lead to direct evidence of his speed.”
He told the jury that injuries consistent with impact with a vehicle traveling at a high rate of speed would appear different.
Mr Luben said the street was dry and illuminated by overhead lights.
“A prudent driver could have had sufficient time to take a manouvering action.”
” I can comfortably say there was no other vehicle that ran over Marco Warren.”
Defense lawyer Victoria Greening suggested that Mr. Luden was directed by the Bermuda Police Office and given “marching orders” to specifically find evidence that the taxi caused the fatal collision.
He denied this notion by stating that he examines the evidence presented to him to investigate and draws his own conclusion.
He argued: “They know my integrity, my ethics in every case. I testified what I believe what happened. The facts were the facts in the end. It was months I worked it.”
Ms Greening asked if it was true that he failed to investigate whether he could have been run over by another vehicle, other than the taxi?
“There was nothing to indicate that,” Mr. Luben said.
Mr. Luben was asked if he considered examining a Mazda type motorcar that was seen by driver Renee Wallace, who gave evidence of seeing a car traveling fast near Bay Corner.
Mr. Luben said another vehicle would have been bad damage on the hood and nobody came forward with another vehicle to be examined.
“I can only go by what is provided”, he added.
Mr. Luben agreed with Ms Greening and the defense that there was no eyewitness who saw Mr Warren struck.
Questioned whether he knew precisely what Mr Warren was doing before he was struck, Mr Greening asked if he could have staggered or made unpredictable movements, given he was intoxicated.
Mr Luben said it was possible.
Ms Greening suggested it was possible Mr Warren had already been lying on the ground before the drivers of the taxi and BMW arrived at the scene.
Mr Luben said: “The injuries on his lower extremities shows he was not lying on the ground when he was struck. All the evidence I that he projected forward and was ran over.”
The trial continues.
