Cape Breton Post

Eskasoni man sentenced for criminal negligence causing death

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An Eskasoni man, initially charged with manslaught­er, was sentenced Tuesday on a charge of criminal negligence causing death.

Larry Daniel Stevens, 35, was charged in connection with the Aug. 31, 2017, death of 34-yearold James Bernard Bonar.

Stevens admitted to punching Bonar in the face, rendering him unconsciou­s as he fell onto Argyle Street in Sydney, near Wentworth Park.

Stevens then walked away without checking on Bonar’s condition.

Bonar never made it off the street as he was later hit by a cab driver. He was pronounced dead at the scene.

Prosecutor John MacDonald told a provincial court sentencing hearing Tuesday that Stevens, Bonar and Bonar’s girlfriend were returning home after a party. All had been drinking.

MacDonald said an argument broke out between Bonar and Stevens after Bonar accused his friend of inappropri­ately touching his girlfriend.

MacDonald said there was evidence presented at a preliminar­y hearing in the case to suggest that Bonar was preparing to fight Stevens and that Stevens landed the first punch.

It was not the punch, said MacDonald, but the lack of action by Stevens after Bonar fell into the street that resulted in criminal negligence.

There was no attempt by Stevens to move Bonar onto the sidewalk or check on his condition as he simply walked away from the scene. Defence lawyer Darlene MacRury said her client and the deceased were good friends and that Stevens left the scene assuming Bonar’s girlfriend would tend to him.

“There was no malice,” she said.

In a teary address to the court, Stevens apologized for his actions, adding he is making strides to deal with his alcohol abuse problem and wants to help others in his community to do the same.

“I have kids at home and the number one problem at home is suicide. Young people are dying and I am scared for my kids. I want to help others now,” said the father of four.

Having already served 405 days on remand, both Crown and defence offered a joint sentencing recommenda­tion of two years probation which was accepted by Judge Diane McGrath.

Among the conditions of his probation, Stevens is to take all counsellin­g as recommende­d by his probation officer and is to refrain from alcohol and drugs not prescribed him. He is also to take mental health counsellin­g and is banned for life from possessing any weapons.

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