A man who was abducted and had his thumb cut off after crashing his SUV onto a southwest Edmonton restaurant patio, killing a toddler, will have to return to jail after his appeal was dismissed.
In December 2015, Richard Suter was given a four-month jail term and a five-year driving suspension (30-month driving ban) after pleading guilty to failing to provide a breath sample in a death.
Suter appealed the decision in January, at which time his lawyer, Dino Bottos, said his client should not be in jail or face such a long driving suspension. The Crown, which had recommended a three-year prison term, filed an appeal seeking a harsher sentence.
READ MORE: Sentence appealed in Edmonton patio crash that killed toddler
On Wednesday, the Crown’s appeal was allowed, and Suter’s appeal was dismissed. The four-month jail sentence was replaced with a 26-month sentence, and the driving ban remained unchanged. Alberta Justice confirmed the information, but couldn’t say how long Suter will spend behind bars.
Bottos said his client is “very disappointed” with the new sentence.
“It’s fundamentally unfair, indeed alarming, to send a man who was proven sober and refused to provide a breath sample based on erroneous telephone advice from his lawyer, to the penitentiary,” Bottos said.
On May 19, 2013, Suter drove his SUV into the patio at the former Ric’s Grill near Rabbit Hill Road and 23 Avenue in the Terwillegar area. Geo Mounsef, who was two, was having dinner with his parents and baby brother when the SUV pinned him against a wall.
Following the crash, Suter was abducted from his home by three masked men and had a thumb cut off.
Watch Below: The man accused in the drunk-driving death of a toddler spoke out after he was abducted and beaten in January 2015.
In June, Steven Gordon Vollrath was found guilty of kidnapping, aggravated assault, possession of a dangerous weapon and impersonating a peace officer.
READ MORE: Edmonton man found guilty of cutting off Richard Suter’s thumb
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.
Suter told court he followed the advice of a legal aid lawyer in his refusal to provide the breath sample.
READ MORE: To blow or not to blow: Edmonton law expert says take the breathalyzer
The Crown said it feared Suter’s four-month sentence would create an incentive for others suspected of impaired driving to refuse a breath sample, in hopes of attracting a reduced sentence.
Bottos said there is a chance the Supreme Court could hear an appeal, but he’s yet to meet with Suter to discuss that option.
Bottos said the key finding from the sentencing judge remains intact – that Suter was not impaired when he crashed into the patio. Bottos said the new sentence is now a federal sentence. With credit for time already served, Bottos said Suter will likely have to serve another four to five months.
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