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).
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.
Calgary police have announced that they’re looking for a third individual, who was a passenger in the back seat of the car:
and bail was denied last month for the younger of the two accused:
Crown is seeking an adult sentence if convicted:
Update: there was a two-day hearing on June 29 and 30, with a trial date to be set, likely in the fall.
That’s for the teenager who was driving. Haven’t seen any articles about the adult passenger’s trial.
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:
HIs trial is set for this fall:
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?
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?
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.
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.
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.
Cst Harnett’s widow, Valerie, spoke at the sentencing hearing, as did his brother:
The teen driver will go on trial in January, in the provincial Youth 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.
Link to the full article:
Thanks. I forgot to include it.
Also, FYI, Valerie is the killed officer’s mother, not his widow. His widow’s name is Chelsea.
Quite right. Sorry. Reading comprehension was not so good.
Thank you for the clarification, that seems far more reasonable than what the article implied.
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.
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.