# Fatal hit-and-run - passenger got arrested

**URL:** <https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517>\
**Category:** Factual Questions\
**Created:** [January 2, 2021, 12:36pm UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517 "2021-01-02T12:36:13Z")\
**Posts on this page:** 20\
**Page:** 3

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [January 5, 2021, 2:22pm UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/41 "2021-01-05T14:22:22Z")

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I drive a 2018 Dodge Grand Caravan as my work vehicle. It does not have automatic lights unlike my personal vehicle. It has pretty powerful running lights so I often forget to turn on the headlights when it’s dark (though I’m sure I’ve never driven it far without remembering at some point to turn them on).

I don’t drive my work van while drinking (or any other vehicle of course).

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**Author:** ![md-2000](https://avatars.discourse-cdn.com/v4/letter/m/9d8465/32.png) [@md-2000](https://boards.straightdope.com/u/md-2000)\
**Post date:** [January 6, 2021, 7:07pm UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/42 "2021-01-06T19:07:33Z")

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I remember getting pulled over by the police in the 70’s, when everything was manual on cars. I was the designated driver, did not drive much, and it wasn’t my car, and it was 11PM and I was driving from one bar to another. The police were so excited that one ran a block to the police station and got the portable breathalyzer. I blew zero on it.

I can see forgetting the headlights on a vehicle. However, nowadays it seems almost every vehicle I encounter has auto-headlights and I leave them in the auto-on position.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [February 11, 2021, 4:27am UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/43 "2021-02-11T04:27:34Z")

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Calgary police have announced that they’re looking for a third individual, who was a passenger in the back seat of the car:

> **[Third person sought in New Year’s Eve killing of Calgary police officer](https://calgaryherald.com/news/local-news/third-person-sought-in-new-years-eve-killing-of-calgary-police-officer)**
>
> Calgary police are hoping to locate a person who they say was a passenger in the vehicle involved in the death of Sgt. Andrew Harnett on New Year’s Eve.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [February 11, 2021, 4:34am UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/44 "2021-02-11T04:34:22Z")

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and bail was denied last month for the younger of the two accused:

> **[Bail denied for teen accused of killing Calgary police officer | Globalnews.ca](https://globalnews.ca/news/7604397/decision-expected-bail-hearing-calgary-police-officer/)**
>
> On Thursday, youth court judge Steve Lipton handed down his decision, denying the youth bail.

Crown is seeking an adult sentence if convicted:

> **[Crown will seek adult sentence if teen convicted in death of Calgary police...](https://calgary.ctvnews.ca/crown-will-seek-adult-sentence-if-teen-convicted-in-death-of-calgary-police-officer-1.5272623)**
>
> The Crown prosecutor in a high-profile murder case says he will seek an adult sentence for the teen accused in the hit-and-run death of a Calgary police officer if the now 18-year-old is convicted.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [July 7, 2021, 2:32am UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/45 "2021-07-07T02:32:26Z")

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Update: there was a two-day hearing on June 29 and 30, with a trial date to be set, likely in the fall.

> **[Trial date to be set for teen accused in Calgary officer's hit-and-run death](https://calgary.ctvnews.ca/trial-date-to-be-set-for-teen-accused-in-calgary-officer-s-hit-and-run-death-1.5476534)**
>
> A teen charged with first-degree murder in the hit-and-run death of a Calgary police officer is expected to have a trial date set at the end of the month.

That’s for the teenager who was driving. Haven’t seen any articles about the adult passenger’s trial.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [July 31, 2021, 6:05pm UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/46 "2021-07-31T18:05:02Z")

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Update: The adult passenger was denied bail by the Queen’s Bench and appealed the bail denial to the Alberta Court of Appeal a month ago; haven’t heard the result:

> **[Alberta's top court reserves decision on bail for suspect in hit-and-run...](https://calgary.ctvnews.ca/alberta-s-top-court-reserves-decision-on-bail-for-suspect-in-hit-and-run-death-of-calgary-officer-1.5480543)**
>
> The Alberta Court of Appeal has reserved its decision on whether a man charged with first-degree murder in the hit-and-run death of a Calgary police officer should be granted bail.

HIs trial is set for this fall:

> **[Adult suspect in officer's New Year's Eve death has trial date moved up](https://calgaryherald.com/news/crime/adult-suspect-in-officers-new-years-eve-death-has-trial-date-moved-up)**
>
> The adult suspect in the traffic-stop related death of Calgary police Sgt. Andrew Harnett has had his trial moved from summer 2022 to this fall.

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [August 1, 2021, 8:44pm UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/47 "2021-08-01T20:44:47Z")

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In my state, this would be a second degree murder as there was no premeditation or deliberation. It would not qualify for a life sentence and bail would be set as a matter of right. It would definitely be a pretty high amount and maybe the defendants could not post it, but it would be set.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [August 5, 2021, 4:47pm UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/48 "2021-08-05T16:47:15Z")

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> [@UltraVires](#):
>
> In my state, this would be a second degree murder as there was no premeditation or deliberation. It would not qualify for a life sentence and bail would be set as a matter of right. It would definitely be a pretty high amount and maybe the defendants could not post it, but it would be set.

You sure about that? Aren’t you in West Virginia? Would this not fall under the “escape from lawful custody” clause in the 1st degree murder statute?

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**Author:** ![md-2000](https://avatars.discourse-cdn.com/v4/letter/m/9d8465/32.png) [@md-2000](https://boards.straightdope.com/u/md-2000)\
**Post date:** [August 5, 2021, 5:44pm UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/49 "2021-08-05T17:44:49Z")

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Northern Piper would know better than me - doesn’t Canada have a specific category of crime for the death of a policeman (any peace officer) while on duty? I vaguely recall something about that.

(Do most jurisdictions?)

Also - what constitutes premeditation? I assume not this, since the person reacted at the time. How far back does planning or intent have to go?

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [August 5, 2021, 11:27pm UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/50 "2021-08-05T23:27:38Z")

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It would be an interesting prosecutorial decision. Too many cases have held that one is not “in custody” at a roadside stop. I wouldn’t see that applying.

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**Author:** ![SciFiSam](https://avatars.discourse-cdn.com/v4/letter/s/47e85d/32.png) [@SciFiSam](https://boards.straightdope.com/u/SciFiSam)\
**Post date:** [August 6, 2021, 12:26am UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/51 "2021-08-06T00:26:50Z")

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One of the articles Northern Piper posted said that a charge of 1st degree murder is automatic in the death of a police officer. It also says it can sometimes be difficult to prove in court.

I hope that’s poorly phrased, and a lesser charge can be considered before it gets to court, because otherwise that’s going to mean life sentences for crimes that don’t really deserve them, and let-offs for people who don’t meet the definitions of murder one in any way except “it was a cop on duty,” but did kill a human being and should face punishment for it.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [December 9, 2021, 6:07pm UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/52 "2021-12-09T18:07:03Z")

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The adult passenger has pled guilty to manslaughter, and is waiting sentencing.

Crown is seeking eight to nine years.

Defence is seeking two years, plus two years probation.

The basis for the charge against the accused was set out in the agreed statement of facts. It had nothing to do with whether he was considered a supervising driver. When Cst Harnett ran the names of the two men, he discovered that the passenger, Abdulrahman, had outstanding warrants, which appears to have been what triggered the flight attempt, and Cst Harnett’s death.

> [@](#):
>
> Harnett had been standing at the driver’s side of the door and as he noticed the youth’s hands turn the wheel, he opened the door “in an attempt to prevent the driver from leaving the scene,” according to the agreed statement of facts.
> 
> Harnett began yelling “stop the vehicle,” and “stop the f–king vehicle,” as he clung to the fleeing SUV.
> 
> The vehicle sped away but quickly got stuck on a snowy berm in the parking lot.
> 
> “Until the vehicle rode up onto the berm there is no evidence to suggest the accused assisted in operating the vehicle, and the prosecution has no evidence to allege the decision-making process that caused the driver to flee,” reads the agreed statement of facts.
> 
> Harnett’s body-worn camera footage then captured someone in the car yelling “go, go, go.”
> 
> ## Harnett loses his grip
> 
> That’s when Abdulrahman reached over and grabbed the steering wheel. The SUV took off once again.
> 
> As they continued to flee, Abdulrahman once again took the wheel as the driver pushed his door open with his feet and hands in what the agreed statement of facts described as “a clear effort to dislodge Sgt. Harnett onto the roadway.”
> 
> Although the teen was unsuccessful, moments later, Harnett lost his grip and fell from the side of the vehicle.

Cst Harnett’s widow, Valerie, spoke at the sentencing hearing, as did his brother:

> [@](#):
>
> But Valerie saved her final words for Abdulrahman.
> 
> “Make wiser and better choices,” she said. “I wish you very well on that journey.”
> 
> It was a sentiment echoed by Harnett’s brother, Jason.
> 
> “There is hope for you and for your family,” said Jason Harnett.
> 
> “I hope you begin to change your life starting today. Don’t waste it.”

The teen driver will go on trial in January, in the provincial Youth Court.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [December 9, 2021, 6:19pm UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/53 "2021-12-09T18:19:46Z")

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> [@SciFiSam](#):
>
> One of the articles Northern Piper posted said that a charge of 1st degree murder is automatic in the death of a police officer. It also says it can sometimes be difficult to prove in court.

That’s not quite what the issue is.

Under Canadian constitutional law, there must be an intent to kill to support a charge of murder. That intent can be express or implied from the accused’s actions. Extreme recklessness about actions which pose a foreseeable risk to life can be an indication of intent to kill.

If the Crown proves intentional killing beyond a reasonable doubt, murder is proven, and the sentence is life imprisonment. The question then is whether it is first or second degree, which goes to parole ineligibilty. For first degree, the offender must serve 25 years before applying for parole. For second degree, the parole ineligibilty is between 10 to 25 years, set by the judge.

There are three main criteria, which if proven by the Crown, make the murder a matter of first degree: (1) if the murder was premeditated; or (2) if the murder occurred in the course of a sexual assault; or (3) if the murder was of a police officer or prison guard acting in the course of their duties.

So it’s not that a 1st degree murder charge is always laid if an officer is killed. The Crown will only lay that charge if they have grounds to show that the killing was intentional. If the Crown proves an intentional killing of a police officer in the course of their duties, that is then 1st degree murder for sentencing purposes.

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**Author:** ![hogarth](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hogarth/32/1773_2.png) [@hogarth](https://boards.straightdope.com/u/hogarth)\
**Post date:** [December 9, 2021, 6:20pm UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/54 "2021-12-09T18:20:15Z")

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Link to the full article:

> **[Calgary police officer's widow speaks of 'stolen' joy as one of her partner's...](https://www.cbc.ca/news/canada/calgary/andrew-harnett-amir-abdulrahman-murder-plea-expected-1.6275864)**
>
> Originally charged with first-degree murder of a Calgary police officer, Amir Abdulrahman pleaded guilty to manslaughter on Wednesday.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [December 9, 2021, 6:21pm UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/55 "2021-12-09T18:21:17Z")

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Thanks. I forgot to include it.

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**Author:** ![emulsified](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/emulsified/32/2915_2.png) [@emulsified](https://boards.straightdope.com/u/emulsified)\
**Post date:** [December 9, 2021, 6:48pm UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/56 "2021-12-09T18:48:20Z")

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Also, FYI, Valerie is the killed officer’s mother, not his widow. His widow’s name is Chelsea.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [December 9, 2021, 10:53pm UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/57 "2021-12-09T22:53:14Z")

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Quite right. Sorry. Reading comprehension was not so good.

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**Author:** ![SciFiSam](https://avatars.discourse-cdn.com/v4/letter/s/47e85d/32.png) [@SciFiSam](https://boards.straightdope.com/u/SciFiSam)\
**Post date:** [December 10, 2021, 9:50pm UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/58 "2021-12-10T21:50:07Z")

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Thank you for the clarification, that seems far more reasonable than what the article implied.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [March 5, 2022, 3:42am UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/59 "2022-03-05T03:42:11Z")

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The passenger got sentenced to five years for the manslaughter charge:

[Amir Abdulrahman sentenced to 5 years for death of Calgary police Sgt. Andrew Harnett | CTV News](https://calgary.ctvnews.ca/calgary-man-sentenced-to-5-years-for-manslaughter-in-traffic-stop-death-of-sgt-andrew-harnett-1.5758550#:~:text=Amir%20Abdulrahman%20was%20sentenced%20to,Andrew%20Harnett%20one%20year%20ago).

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [March 5, 2022, 3:45am UTC](https://boards.straightdope.com/t/fatal-hit-and-run-passenger-got-arrested/929517/60 "2022-03-05T03:45:33Z")

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Trial of the driver began on January 31. He offered to plead guilty to manslaughter but the Crown rejected the plea and is continuing iwth the trial on 1st degree murder charges. The article states that there was expected to be an adjournment after the Crown called its case to allow the defence further prep time. I’ve not found any article about the trial resuming.

[Trial starts for teen charged in 2020 hit-and-run death of Calgary police officer | CTV News](https://calgary.ctvnews.ca/trial-starts-for-teen-charged-in-2020-hit-and-run-death-of-calgary-police-officer-1.5761047#:~:text=Trial%20starts%20for%20youth%20accused%20in%20CPS%20death&text=Sgt.,path%20of%20an%20incoming%20car).

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