Man who drove over woman files appeal
Danny Eadie appealing conviction, sentence for dangerous operation of a motor vehicle
Danny Eadie is appealing his conviction and sentence.
Eadie left Simone Murphy critically injured on the road after running her over in November 2015.
Earlier this year, Justice Hugh O’Connell found Eadie guilty of dangerous operation of a vehicle and failure to stop at the scene of an accident involving bodily harm. O’Connell sentenced Eadie to two years and eight months — minus time served — behind bars. He also imposed a five-year driving suspension and an order that he not contact the victim.
After being sentenced in Peterborough Superior Court on April 11, Eadie left the courtroom cursing Murphy. Eadie appeared to also give Murphy the middle finder. Peterborough police later charged Eadie with breaching the noncontact order.
Eadie’s appeal notice, filed by Hicks Adams LLP lawyer Jessica Zita in the Court of Appeal for Ontario on Oct. 9, 2018, states the trial judge erred in providing insufficient reasons for his judgment. The appeal goes on to say that the sentence imposed was harsh and excessive.
Eadie is asking that the appeal be allowed and an acquittal be entered or in the alternative that the appeal be allowed and a new trial be ordered. In the further alternative, Eadie is asking that leave to appeal sentence be granted and the sentence be reduced.
He sought bail pending appeal, but it was denied.
First responders thought Murphy was dead when they found her nearly lifeless on Aberdeen Avenue on Nov. 14, 2015. She was airlifted to Sunnybrook Health Sciences Centre after being hit and run over by a Dodge Ram 4x4 truck driven by Eadie.
Murphy spent 11 days in Sunnybrook before being transferred to Peterborough Regional Health Centre. Her injuries included fractures of the vertebrae, her spinous process, left orbital rim, nasal bone, multiple ribs and scapula. She also had a collapsed lung and a flail chest, which is a life-threatening condition that occurs when a segment of the rib cage becomes detached from the rest of the chest wall.
During the trial, prosecuted by assistant Crown attorney Lisa Wannamaker with the assistance of Peterborough police Det. Const. Josh McGrath, the court heard how Eadie and Murphy met at the Puck 'N Pint Sports Pub on Chemong Road. Bar staff testified that a group of people — including Eadie and Murphy — were drinking together. Eadie offered Murphy a ride to Cameron House, a women's shelter where she was staying. A couple having a backyard fire on the night of the hit and run testified they witnessed what looked to be a confrontation between the driver and passenger of the truck.
The bystander told the court he couldn't tell if the passenger was being forced out of the truck or if the driver was trying to pull her back in. Justice O'Connell found what led to Murphy being struck was not "material," in his finding of guilt.
Eadie is serving his sentence at Joyceville Penitentiary. There’s no date scheduled for his appeal hearing.