Supreme Court clears Stevens in ATV deaths

Staff ~ Transcontinental Media
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HALIFAX (TM) - He lost his wife and brother in an ATV accident, but was found not guilty for causing their deaths.

Gary Edward Stevens was out near Amherst driving his ATV with his wife as a passenger. On that night - Sept. 11, 2004 - he crashed with his brother's ATV.

Harold Stevens, 30, and Sherry Stevens, 49, died. Gary Stevens suffered significant injuries.

He was taken to a hospital and blood was taken 3 1/2 hours later. RCMP seized the blood and ran lab tests. Stevens was well over the legal limit for alcohol in his blood.

He was charged with two counts of impaired driving causing death, and his case was heard in the Nova Scotia Supreme Court.

In a decision released Thursday, the court examined if a toxicologist could determine what level of alcohol was in Steven's blood at the time of the accident since his blood was sampled over three hours later.

Justice John Murphy previously ruled that the blood seized by RCMP didn't violate Stevens' rights, and the results were admissible in court.

In the Supreme Court ruling released in detail May 24, Murphy said an expert extrapolating Stevens' blood alcohol from the tests was admissible.

When the trial went back on in February, the jury found the brother's ATV veered over the centre line and hit Stevens' ATV.

Stevens was found not guilty of both counts of causing their deaths. He was, however, sentenced to 90 days in jail for impaired driving.

Organizations: Supreme Court, RCMP, HALIFAX

Geographic location: Amherst

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Recent comments

  • Eric
    January 18, 2010 - 11:02

    Why is it that you get slap on the fingers for drinking and driving, especially when there are deaths caused. He could of shot a moose and got 10 years, plus a major fine. This accident says it,s ok to drink, drive, and have people killed . Are people,s lives not more important then such other things? Seems in this case they were worth nothing. He was still a driver on a road where 4 - wheelers were not allowed. He still had care and control of a motor vehicle, just as well had a gun in his hands. The man shows no remorse and goes on with life like he,s proud of what he had part of. Maybe if he, just he had of been sober, this was one accident that happened may have been prevented. Two human life,s were taken on Sept. 11th, 2004, very sad tragedy, but, how many will learn from it all? Seems who would care, if sentences were handed to everyone like they were handed out in this case. Justice was never served. These people who were killed left their families behind having to live with this, and everyone else will think it,s ok to do this again and again. Who has learned? Can bet my bottom dollar, no one because no one cares.

  • Eric
    January 18, 2010 - 10:57

    Why is it that you get slap on the fingers for drinking and driving, especially when there are deaths caused. He could of shot a moose and got 10 years, plus a major fine. This accident says it,s ok to drink, drive, and have people killed . Are people,s lives not more important then such other things? Seems in this case they were worth nothing. He was still a driver on a road where 4 - wheelers were not allowed. He still had care and control of a motor vehicle, just as well had a gun in his hands. The man shows no remorse and goes on with life like he,s proud of what he had part of. Maybe if he, just he had of been sober, this was one accident that happened may have been prevented. Two human life,s were taken on Sept. 11th, 2004, very sad tragedy, but, how many will learn from it all? Seems who would care, if sentences were handed to everyone like they were handed out in this case. Justice was never served. These people who were killed left their families behind having to live with this, and everyone else will think it,s ok to do this again and again. Who has learned? Can bet my bottom dollar, no one because no one cares.