EDMONTON — The family of toddler Geo Mounsef will have to wait until December to find out if the man responsible for his death will spend time behind bars.
The Crown Prosecutor is asking for three years in prison for Richard Suter, who will be sentenced on Dec. 17.
On May 19, 2013, Suter was behind the wheel of his SUV in the parking lot of Ric’s Grill in southwest Edmonton. The 65-year-old testified he was sober when he hit the gas pedal instead of the brake; he crashed through the patio and killed two-year-old Mounsef.
“What is enough?” Mounsef’s mother, Sage Morin, asked of the possible sentence.
“We just now put our faith into the judge’s hands and remain faithful with the justice system.”
READ MORE: Edmonton man charged after patio collision kills young boy
After learning Mounsef had died, Suter refused a breath sample. He pleaded guilty to failing to provide a breath sample, which comes with a maximum penalty of life behind bars.
“Had he blown, this whole case would have been over with that night,” said Dino Bottos, Suter’s lawyer.
The Crown said Suter’s decision was self-serving, and if he was sober the primal instinct would be to prove it by taking a breath test. Suter told court he followed the advice of a legal aid lawyer.
“His criminal act was refusing, stupidly, erroneously, based on bad legal advice,” said Bottos. “But he refused when he should have blown.”
READ MORE: Man who crashed into Edmonton patio killing toddler testifies
Bottos said the worst was yet to come. His client was vilified on social media. Suter was also abducted from his home by three masked men and his thumb was cut off.
READ MORE: ‘It must be some kind of vengeance,’ alleged drunk driver says of abduction, beating
Bottos said Suter doesn’t deserve jail time.
“Mr. Suter, if he serves time, his life is in jeopardy,” said Bottos. “He’ll have to serve it in protective custody, which is a very difficult time for anyone to serve.”
The defence is asking for probation and a $1,000 fine.
“Just the inference that that would be okay is absolutely ridiculous,” said Morin.
With files from Kendra Slugoski, Global News.
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