(UPDATE: On Dec. 22, the Crown filed a Notice of Appeal against the sentence in Richard Suter’s case.)
EDMONTON – A man who crashed his SUV into an Edmonton restaurant patio, killing a two-year-old boy, has been sentenced to four months in jail.
Richard Suter, 65, pleaded guilty to failing to provide a breath sample after the child’s death. The charge carries the same weight as impaired driving causing death.
The judge decided Thursday Suter was not impaired at the time of the May 2013 crash.
Tensions were high in the packed courtroom. Mounsef’s father called the sentence a joke. Other family members sobbed.
Mounsef’s mother, Sage Morin, did not want to speak following the decision. Sheri Arsenault, a crusader against impaired driving, has been following the case closely and spoke with Morin moments after the sentence was handed down.
“She’s very, very upset as I know everybody can understand. She says that there’s just nothing to say. What can she say? She’s heartbroken over the loss of her son,” Arsenault said.
“The whole family feels that four months is a slap on the wrist.”
Suter, 65, was also handed a $200 fine. The judge said Suter will be placed in protective custody while behind bars.
Suter drove his SUV into the patio at Ric’s Grill in southwest Edmonton on May 19, 2013. Geo Mounsef was pinned under the vehicle and was killed.
READ MORE: ‘It just sunk me’: Man who crashed into Edmonton patio, killing toddler
Police originally charged Suter with impaired driving causing death, as witnesses said he smelled of alcohol, was stumbling and slurring his words.
Court also heard from other witnesses who believed he was sober.
Of refusing to provide the breath sample, Suter told court he followed the advice of a legal aid lawyer.
On Thursday, the judge said the crash that killed Mounsef was an accident and hopefully this was rare, ill-informed and bad legal advice.
“I thought it was fair,” Dino Bottos, Suter’s lawyer, said of the sentence. “It was a little higher than what we had hoped for but I knew that jail was a likelihood.”
Bottos said Suter was content with the sentence.
“Mr. Suter and his family and the whole defence team are content that finally the one objective observer, who’s seen it and heard it all, has declared that Mr. Suter was not guilty of impaired driving,” Bottos said.
“He will serve his sentence; he will pay his debt to society. He was vindicated today and I hope you’re all aware of that,” Bottos continued. “This will come with some adverse effects. He will be looking over his shoulder and so will his family.”
READ MORE: Edmonton man charged after patio collision kills young boy
The Crown prosecutor was asking for a prison term of three years. The defence was asking for probation and a $1,000 fine.
Suter will also be prohibited from driving for 30 months when he is released.
With files from The Canadian Press.
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