When the judge left the courtroom after convicting Ruth Burger, the weight of his decision seemed to push her down into her chair.

She was shaking at the defence table when she lowered herself slowly, then placed her face in her hands.

The devastated Burger, 66, didn’t move. She didn’t turn around. The family of little Addison Hall, 6, and newborn Rhiannon Bozek, the two children killed in the Costco crash last summer, filed out of the room.

The media left. Her friends and supporters were ushered outside.

Five seconds of bad driving that sent her careening backwards into the big-box store had left her looking at a possibility of jail — a London woman who by all accounts is a nice person and a model citizen just a year into a long-deserved retirement.

Burger was convicted Friday of two counts of dangerous driving causing death and two counts of dangerous driving causing bodily harm for the terrible car crash July 25, 2014, that shocked and saddened an entire city.

Burger was at the wheel of the car that sped backwards from a parking space at almost 50 km/h over a distance of half a football field, between two bollards (posts) and into the store, slamming into a family.

“I reject the idea this was a bad, unavoidable accident that just happened to have tragic consequences. This characterization misses the mark and would be far too cavalier,” said Ontario Court Justice Jonathon George.

What made the case so difficult, the judge said, “is the fact there is no good explanation for what happened.”

The convictions were to lesser offences — Burger was on trial for four counts of criminal negligence — but the decision means that she was criminally responsible when her car hit the store.

And yet, in the grief and silence that gripped the courtroom while George delivered his decision, there was forgiveness.

“I can’t even imagine what she’s feeling,” Addison’s father Eric Hall said outside the courthouse. “I just think that I wish her the best and hope she can find what I (have) to move on.”

Hall said he has forgiven Burger. “Most definitely. I never really had anything against her,” he said. “It’s definitely something so tragic, but so random, too. It’s not something that happens everyday, but I mean, you know, I feel bad for her, too. She has a daughter, too.”

The depth of the tragedy was etched in the faces of the Hall, Bozek and Burger families.

But, with incredible grace, they sat quietly during George’s decision. Danah Bozek-McKinnon, who was eight months pregnant with Rhiannon when she took the brunt of the crash while walking into the store, sat in the front row with her husband Steve, a tissue in her hand.

They left without comment but later issued a written statement to The Free Press. Hall took a generous moment to share how life is without his daughter — “just living life, trying to move on, moving ahead slowly.”

“I just want her to be remembered as Bright Blue Eyes. She was a precious angel. She was everything to me. I know she was everything to her mother too and Steve, too. He was a great stepdad also. She was very blessed to have a very big family surrounding her with lots of love.

“We look back now knowing she gave us tons of love, too. And with all the reach out of all the media and everything we see she touched a lot more than just our immediate family.”

Hall called George’s decision “solid,” but said it doesn’t really change anything.

“It kind of gives us a bit of closure in the end of it all and maybe open some of our eyes that we all drive and we all should drive a little more careful. . . . pay attention out on the roads more and try to learn from this.”

What came through loud and clear in George’s decision was that he didn’t buy Burger’s testimony that her foot became stuck under the brake pedal of her 2004 Monte Carlo, causing her to push the accelerator while “wiggling” her foot free.

“Her foot simply could not have gotten stuck in the way she described,” George said. “It belies belief.”

The judge said Burger may honestly believe this is what happened. “Within the human condition there is a craving for logical explanations for bad events,” he said.

“To not have one is to acknowledge a lack of control, and as we all have an innate concern for others and a disdain for suffering, it is extremely difficult to accept the role we play in causing others pain. . . . Ms. Burger simply wishes this were true, and hopes upon hope there is such a morally exculpating reason.”

George also “reject(ed) completely the idea that this was a just a bad accident with tragic circumstances.”

He noted that Burger did nothing to stop the speeding reversing car. For some unknown reason, George concluded, “while intending to slam on the brakes (she) applied pressure to the gas pedal to the point it was compressed right to the floor.”

That assertion runs counter to Burger’s testimony that she didn’t know what happened, while maintaining she was trying to keep the car straight to avoid vehicles and pedestrians and dislodging her foot, he said.

George said Burger’s driving went “beyond carelessness.” He was puzzled why Burger hadn’t consider other options and that is was “frightening” it took the concrete wall to stop her.

“I can’t help but wonder how long her vehicle, which was in effect a missile, would have kept sailing into and through that busy store if only glass, and no concrete barrier stood between it and the large open space inside.

“As horrific as the outcome was, it could have been far worse.”

Defence lawyer Ron Ellis said both he and Burger were disappointed in the decision and wouldn’t comment on whether there would be an appeal. “It’s a sad day and my comments are it would have been a sad day if Ruth was acquitted on all the charges as well.”

“Regardless of the decision, it’s a sad day.”

In the heaviness of the day Hall had a message. His daughter, who died from a catastrophic head injury, helped save lives through organ donation.

“If there is one thing for sure, Addison has moved on and helped other families,” he said.

“And really in the end, that’s the biggest thing you can do. If there is a situation so tragic, I ask everyone if you can to be an organ donor.”

jane.sims@sunmedia.ca

twitter.com/JaneatLFPress

BOZEK FAMILY STATEMENT

To the people of London and beyond:

We would like to thank you for respecting our privacy over the last year. It has been a difficult time, but know that we have been touched by the outpouring of sympathy we have received, and have been comforted in these hard times by the compassion of so many people. The support of the community has strengthened our resolve and helped us to endure. There are so many people we would like to thank, and we will be releasing a more detailed statement in the coming weeks. Our family continues to heal, and we thank you for your continued support.

Danah and

Steven Bozek

RUTH BURGER

charged with two counts of criminal negligence causing death and two counts of criminal negligence causing bodily harm.

convicted of the lesser offences — two counts of dangerous driving causing death and two counts of dangerous driving causing bodily harm.

Justice Jonathon George said though “this was close” to criminal negligence, Burger’s driving wasn’t reckless to the point that she ignored the risks, but her driving was dangerous because it was “a marked departure from the standard of a reasonable person.”

There isn’t a mandatory minimum sentence for dangerous driving; the maximum is 14 years in prison. -conditional sentences are not available because these are personal injury crimes.

Burger is to be sentenced on Oct. 20.

Crown vs Burger