It’s not typically {that a} lawyer will get a shopper who has been discovered not responsible earlier than a trial.
However the lawyer for an Alberta girl accused in a deadly crash west of Calgary stated his shopper was acquitted earlier than the case went to court docket.
“I had a priority from the consumption interview I carried out about what the circumstances have been on this case,” stated lawyer Alain Hepner. “And I wished the DNA as a result of it was so necessary.
“After which the DNA began pouring in and actually exonerated my shopper.”
Hepner’s shopper, 33-year-old Kendra Bigstony of Morley, was charged in reference to a deadly crash that took the lifetime of 53-year-old Samantha Wylie of Fort Saskatchewan.
The collision occurred on the night of 19 August 2022 alongside Freeway 1 close to Morley Highway in Cochrane.
Wylie, a Canadian Forces veteran, and her companion have been out for a summer time bike experience when a car crashed into Wylie’s bike, killing her.
Inside hours, Kendra Bigstony was charged with six offences, together with impaired operation inflicting loss of life and impaired operation inflicting bodily hurt, in addition to driving whereas suspended or disqualified.
Hepner stated Bigstony insisted in police interviews and to her lawyer that whereas she was within the car — and admitted she was impaired — she was not the driving force.
Now the Crown Prosecutor’s Workplace has withdrawn all prices towards Bigstony.
Forensic proof got here again in early April and put another person within the driver’s seat.
“It simply highlights the truth that not everybody who’s charged is responsible.”
Bigstony’s lawyer stated his shopper was relieved, however Hepner additionally stated the frenzy to file prices so quickly after the accident might have lasting penalties.
“Within the court docket of public opinion, when somebody is charged and their title seems within the media — effectively, in fact they’re responsible. And it is a small neighborhood on the market (in Morley), so the whispering marketing campaign begins and now right here we’re on April 25 and she or he’s fully exonerated,” Hepner stated.
Hepner stated the ramifications prolong past what occurred to Bigstony, who was wrongfully accused for almost eight months.
He stated the household and pals of Samantha Wylie must relive the nightmare and begin the court docket and authorized course of once more.
“It’s tough for them to focus on somebody they thought and have been advised was accountable for the loss of life of their member of the family. After which to be advised by the RCMP and the Crown prosecutors — that was not the correct name to make,” Hepner stated.
Dierdre Snow, 29, of Stoney Nakoda First Nation, faces 5 prices associated to impaired driving inflicting loss of life and bodily hurt, and public mischief.
Snow is because of seem in court docket in Cochrane on Could 2.
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