Richard Suter’s lawyer will ask Supreme Court to appeal sentence for deadly Edmonton patio crash

Richard and Gayska Suter leaving the Edmonton law courts. File/Global News

A man who crashed his SUV onto an Edmonton patio in 2013, killing a two-year-old boy, is appealing his sentence to the Supreme Court.

Richard Suter‘s lawyer, Dino Bottos, said Thursday he has filed written materials seeking to have Suter’s 26-month sentence appealed.

“Now the Crown has to respond to that written argument and then the Supreme Court will decide whether it will allow us to have a full appeal on the merits,” Bottos explained.

“While we are awaiting that, I will be making preparations to seek bail pending appeal for Mr. Suter since he’s in custody right now in a prison in Alberta.”

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 having dinner with his parents and baby brother, died when the SUV pinned him against a wall.

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READ MORE: ‘This is your cross to bear’: Mother of toddler killed on Edmonton patio

In December 2015, 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 that decision in January. At the time, Bottos said his client should not be in jail or face such a long driving sentence. The Crown, which initially recommended a three-year prison term, filed an appeal seeking a harsher sentence.

In August, the Crown’s appeal was allowed and Suter was slapped with a longer, 26-month sentence. His driving ban remained unchanged.

READ MORE: Edmonton man who killed toddler in patio crash given longer sentence

On Thursday, Bottos said the grounds of the appeal are based on the opposing conclusions reached by the sentencing judge and the Alberta Court of Appeal.

Once the Crown responds to Bottos’ written argument, a three-member panel of the Supreme Court will review the application and decide if it has merit.

READ MORE: Edmonton man found guilty of cutting off Richard Suter’s thumb

Bottos said his client is not doing very well in jail and deserves the chance to be released on bail pending the appeal.

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“He is suffering from some medical issues and of course, being 65 years of age in a custodial setting for the first time in his life – other than the time that he had been sent to jail earlier for this same offence – this has been very difficult for him.”

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If all goes as planned, Bottos said a decision on bail will likely come in the new year, with a Supreme Court hearing likely to follow in the late spring or fall of 2017.