Man acquitted in Good Samaritan’s traffic death
An Edmonton driver accused of fleeing the scene after fatally hitting a Good Samaritan was acquitted Thursday after the judge ruled key evidence inadmissible because police breached his rights.
Kieran Porter, 37, faced charges of hit-and-run and careless driving in connection with a crash that killed 46-year-old Andrew Green. Green died June 13, 2012, after pulling over to help a fellow driver change a tire on Anthony Henday Drive. Green was placing traffic cones when he was struck.
On Thursday, Court of Queen’s Bench Justice Donna Shelley ruled that evidence collected by the Edmonton Police Service during a search of Porter’s Porsche and his later statements to his insurance company were inadmissible because police violated his rights.
“I find that the breach was serious and the state conduct was problematic,” Shelley said in a written decision.
That decision left prosecutors with no evidence that Porter was the driver despite court testimony that he’d twice admitted he was behind the wheel.
The judge acquitted Porter after Crown prosecutor Megan Rosborough told court the prosecution’s case was closed. “We don’t have any evidence on identity besides that which has just been ruled inadmissible.”
Defence lawyer Michael Danyluik requested the acquittals moments later.
Porter and a lawyer visited police headquarters the day after Green was killed to fill out a report, mandatory under the Traffic Safety Act. At the time, the lawyer told police Porter was the driver.
Police then misused that report during their investigation, Shelley found.
“The officers in this case knew that the Traffic Safety Act statement was inadmissible at trial,” the judge wrote.
“However, they then proceeded to rely on it to obtain the search warrant for the Porsche as if Porter had repeated the Traffic Safety Act information in the subsequent interview.”
The use of that mandatory report breached Porter’s right against self-incrimination, Shelley concluded, and all evidence that flowed from it was thrown out of court.
The report was also used to obtain a production order for statements Porter made to his insurance company. In that statement, Porter said he’d hit something, but was “not sure exactly what.” He told an insurance adjuster he dropped his cigarette while driving, reached to get it and felt a bump.
On Thursday, the Edmonton Police Service had no comment on Shelley’s conclusion that they breached Porter’s rights.
At trial, three women who worked under Porter at Igloo Building Supplies testified that he drank at least two pints of beer at a work-related dinner. The last of those women left the restaurant at 8:30 p.m. The crash that killed Green occurred about 11:15 p.m.
One of those women, Tara White, later filled out a police report. Six months later, Porter gave White an employee evaluation even though it wasn’t part of his regular duties. Porter said he wanted an “off-the-record conversation” with her.
“He said he didn’t like what I said in my police statement,” White said. “He said if any harm came to him or his family, it didn’t matter how long it took, he’d get his revenge. He said he had a good lawyer who would tear me apart on the stand.”
Porter still works at Igloo Building Supplies as director of operations.
On the night of the crash, Green pulled his Dodge Neon onto the shoulder of Anthony Henday Drive to help a fellow driver change a tire. A southbound vehicle slammed into Green with such force that white fabric, likely from Green’s sock, was embedded in the asphalt, a police officer told the trial.
The impact launched Green several car lengths along the pavement until his body slammed into the back of his own car, Sgt. Nikolaus Bult said. The disabled vehicle’s four-way flashing lights were on.