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Tuesday, December 01, 2009

Dangerous driving case dropped in 2007 fatal crash death of Gary Laporte

Source: Windsor Star

ONTARIO -
A Windsor woman charged in connection with a 2007 crash that claimed the life of a Kingsville man has been found not guilty of two serious charges but pleaded guilty to leaving the scene of a collision.

Danyelle Snively, 36, was to stand trial Monday on charges of dangerous driving causing death and dangerous driving causing bodily harm as well as leaving the scene of a collision.

Snively was charged in connection with a crash on Nov. 16, 2007, that claimed the life of Gary Laporte, 49, and seriously injured his daughter Ashley, 18.

A Plymouth Voyager van driven by Snively on Highway 3 collided with a Dodge Caliber, sending that vehicle into oncoming traffic where it struck Laporte's Pontiac.

Court heard assistant Crown attorney Russ Cornett explain that as a result of scientific analysis of the Caliber's "black box," there was insufficient proof that Snively's driving was dangerous.

"It's Const. (Kevin) Armstrong's opinion that there is insufficient evidence to make the determination as to dangerousness," Cornett told court.
Snively pleaded not guilty to the two dangerous driving charges and the Crown presented no evidence.

However, Snively did plead guilty to leaving the scene of a collision.

"In these circumstances that is still a very serious criminal offence," Cornett said outside court.

Gary Laporte's brother Dennis said the remaining charge doesn't reflect the severity of the crash. "It trivializes what happened on the road that night. Pleading guilty to leaving the scene of a collision -- what's the difference between a tree and a person's life?

"When you look at ... the fact that we lost my brother and my niece was almost killed that night and left for dead on the side of the road, it shakes one's trust in the Crown."

Laporte said he expected the prosecutor to consult with or at least communicate with his family about the case, but said they were left in the dark. "There was no communication whatsoever on the legal aspects of this," he said. "Maybe we should have been more vocal all along. But we trusted -- we knew what the charges were. But it appears someone dropped the ball here."

Ashley Laporte, who was seriously injured in the crash, said she's simply awaiting the results of the trial and any further investigations into the crash. "I don't want (Snively) to go to jail for life. I just want to find out the truth. I don't want people to be blamed for things that didn't happen."

Still suffering emotional and physical repercussions from the crash, Ashley said the court proceedings won't heal all the wounds inflicted that night. "Justice will never be served. But what's done is done."

Snively, who was unlicensed at the time because of non-payment of fines, was travelling east on Highway 3 west of County Road 34 after 6 p.m.

The Plymouth came up behind the Caliber, which was travelling at about 85 km/h, in the right-hand lane and moved into the passing lane, Cornett said.

The Caliber then changed to the passing lane where Snively was, and she unsuccessfully tried to avoid it by swerving to the right.

"It looks as if Ms. Snively didn't anticipate this manouevre," said Cornett.

The left front side of the Plymouth struck the right rear side of the Caliber, causing it to lose control and travel into the grassy median.

The Caliber crossed into oncoming traffic where it struck the driver's side of Laporte's Pontiac Grand Am.

Snively, who had her two children in the vehicle, continued driving.

"Ms. Snively couldn't but have known or realized that she was in this collision," Cornett told Superior Court Justice Renee Pomerance.

After media reports about the fatal crash Snively admitted her involvement to family members, who convinced her to turn herself in.

Cornett told court that Snively told police she had left the collision scene because she did not want to spend the night in jail or risk losing custody of her children to the Children's Aid Society.

Snively will be sentenced on Jan. 18. The maximum sentence for failing to remain at the scene of a collision is five years in jail.

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