Keith Dunford has been found guilty of dangerous driving causing death in the death of flag person Ashley Richards, 18, back in 2012, but not guilty of criminal negligence causing death. Dunford was driving in a construction zone when he struck and killed Richards with his SUV.

Richards was originally from Lakeside, New Brunswick. She was killed on her first day on the job. She was thrown about the width of a Canadian Football League field when she was struck by an SUV in a construction zone on Highway 39 near Midale, SK.

The judge said despite seeing construction signs, and seeing other drivers slowing down in the construction zone, Dunford didn’t modify his speed. The judge said a reasonable person would have foreseen this risk as a result of the 8 posted construction signs, and would have taken steps to avoid the risk.

Dunford claimed he had a momentary lapse of attention, but the judge went on to point out that this was Dunford’s second time driving through the construction zone. She said Dunford was not paying attention to his surroundings, instead looking at immigration papers.

The judge reserved sentencing for October 30.

With files from Kelsey Chadwick and The Canadian Press