Man sentenced in relation to Christmas Day accidental death

Colin MacLean
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SUMMERSIDE – A man from Tignish has been sentenced in relation to an accident that killed a Kensington man on Christmas Day 2013.

Bailey Leo Carragher, 23, pleaded guilty Thursday to stealing a motor vehicle, impaired driving and theft under $5,000.

He was sentenced to 90 days in jail to be served intermittently and must repay more than $1,200 in court fines, fees, and reparations to the car owner’s insurance company. He must also serve 18 months of probation and is subject to a 24-month driving prohibition.

According to the facts presented in court and previously provided by the RCMP, Carragher was at a home just outside the border of the Town of Kensington, on Route 2, in the evening hours of Christmas Day.

At some point he got into an argument with 53-year-old Lowell D. Stavert along that busy stretch of highway.

At about 9:30 p.m. there was a brief scuffle and Stavert fell on the road. While still lying there, he was struck by a car and later died in hospital.  

The RCMP confirmed Thursday that Stavert’s death was later ruled to be accidental by the provincial coroner’s office.

Carragher, who was inebriated at the time of the accident, panicked and fled the scene. He took a car that wasn’t his and drove it to Charlottetown. He also took $685 in cash and gift cards from a purse he found in the vehicle.

At the time the incident was originally being reported in the media, police were actively searching for the second person involved in the argument.

Carragher was located a few days later.

He was officially charged on Jan 13, 2014,  one day before TC Media last reported on this case. No mention of any arrests were made by the RCMP the time.

RCMP spokeswoman Sgt. Leanne Butler said Thursday that the active investigation into this accident is now over and that no further charges are expected.

Note: An earlier version of this story incorrectly stated that Stavert fell into traffic.

Organizations: RCMP

Geographic location: Kensington, Tignish, Charlottetown

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Comments

Comments

Recent comments

  • Justice has not changed much?
    May 16, 2014 - 12:22

    Having lost a family member to a drunken man who killed with his vehicle, and never received a punishment , I empathize deeply with the loved ones. Years later this still stinks, and scars, almost as much as her being killed needlessly. There has to be more done or the scars will run deep for many. Someone's life should have meant more in my opinion.

  • STFU.
    May 16, 2014 - 10:55

    It's disgusting that the guardian allows comments on articles like this. It accomplishes absolutely nothing except upsetting family and friends. Totally unprofessional.

    • Bob Macdonald
      May 18, 2014 - 09:48

      Actually it accomplishes a lot. It lets the judges know that these lenient sentences are not acceptable. He killed another person for gods sake!

  • Kensington friend of Lowell
    May 16, 2014 - 10:13

    Lowell was a very dear friend of mine, How do you call this a accident. He went outside to get the keys to his nieces car from the other guy. And he ended up being pushed out in front of the car, so stop blaming the driver of the car that hit him, he was pushed out in front of it . Just read these comments and if loved Lowell like you say he would still be here with us all today. There is no justice in this case at all. Saying he hard a life does not give anyone the reason to end someone life. My you rest in peace my dear friend.

    • HIS NEICE!!!!
      May 16, 2014 - 18:15

      EVERYONE HAS TO STOP WITH THE COMMENTS!!!!!!!!!!!!!!!!!

    • Sharon Stavert
      May 26, 2014 - 21:13

      As to the so called Kensington friend to my brother come to my door and show your face to me as I will tell you what I seen that night since I was here and you were not!!! And to Crys C thank you so much.. Everyone can shoot their mouths off behind a computer screen but can't come to my door, since you know so much about that night then you know where I live come over and fill me in!!!! And the news reporters can't get their stories straight!!! Trust me I know!!!!

  • Sam
    May 16, 2014 - 09:23

    Me, So you think a man of 23 is a boy!! Incredible he should have know better. Soldiers far younger are sent of to die for their country. For heavens sake get some perspective.

  • accidental?? I don't think so
    May 16, 2014 - 07:46

    he was driving drunk.. there's absolutely nothing "accidental" about this matter!! Negligence and irresponsibility... that's no accident. That's why he's in jail.

    • accidental
      May 16, 2014 - 09:18

      The death was ruled accidental, not the drunk driving, which occurred after the accident. There seems to be some serious literacy problems on this Island.

  • family
    May 16, 2014 - 07:33

    I'm the man's family and I blame him 100%. Accidental or not he is the reason Lowell is gone.

  • me
    May 16, 2014 - 07:21

    I personally know Bailey and he is a young man who has had problems since he was a young boy. He is usually a very nice guy to have around. When there's alcohol involved it often impairs your judgement. It was Christmas day, knowing Bailey's past, Christmas might be very hard day for him so he was having few drinks. Who hasn't? So a argument broke out. You weren't there, maybe the other man started it, who knows and he staggered himself in front of the car (which is what the evidence shows). So he panicked and made a really stupid decision, yes a few of them. But he never caused this mans death! I think the sentance was appropriate, yes made bad choice but think for a minute how scared and panicked a 23yr old would be. If the mans family doesnt blame him (some family was actually there) then how can anyone else point fingers at him? Ya know when I read comments on here, it really makes me ashamed to be an islanders. So often people rush to condemn others without all the facts (even with the facts too). It has been investigated by professionals and ruled an accident. Case closed. How about supporting the family with kind words or evenBaily, im am sure this incident is going to be something else to haunt him along time! To Sharon , must be difficult seeing this in the paper today. My sincere sympathy for your loss and Bless you for your forgiving heart.

    • LA
      May 16, 2014 - 07:41

      Since it was not a matter of pushing, then you are right. It could definitely have turned into more deaths due to the drunk driving, and that's not really something one gets a pass on, but if he didn't actually push him and it was an accident, then I'm not going to complain about it.

  • Sandy
    May 16, 2014 - 06:24

    Who was the judge. It appears the judges on the Island contribute to crimes by setting such a bad example for young people with pitifully easy sentences. They dishonor and disrespect the victims and their families.

  • Rottluff
    May 15, 2014 - 23:15

    Ridiculous. And the judge was who .... ?

  • Sharon Stavert
    May 15, 2014 - 21:05

    Maybe if some people could read before they comment the island would be a better place to live!!! Maybe if news reporters would get their stories straight some people wouldn't have to comment. He didn't kill my brother the car did and he didn't push my brother in front of the car!!! He loved my brother and my brother loved him!!!

    • Chris
      May 16, 2014 - 08:57

      I'm sorry for your loss but I am not going to have a pity party for the young man. The kid needs to grow up and be accountability for his actions.

  • Chris
    May 15, 2014 - 20:21

    Wow! 90 days in jail and a fine for numerous serious offenses including killing a man. I can't wait to hear about his next victim . I am glad to see our justice system is protecting the public. Life is pretty cheap on the island. Maybe the magistrate will get his act together the next time this loser commits a crime.

  • S
    May 15, 2014 - 19:09

    This has to be a joke ! 9 months intermittently for THEFT OF A CAR, DRIVING UNDER THE INFLUENCE, THEFT UNDER $5,000 , and PUSHING SOMEONE TO THEIR DEATH IN FRONT OF A CAR ?!?!?!?!?! Ridiculous !

    • huh
      May 15, 2014 - 21:00

      the death was ruled accidental . They scuffled and he fell in front of a car. That's a long ways from "pushing someone to their death".

    • Crys C
      May 16, 2014 - 08:09

      And you are one of the people who Sharon is talking about in her comments..... First- it was 90 days NOT 9 months (which I am sure you are really going to lose your s#*t over. Second- he panicked...you can not judge this young man as you were not in his shoes. You may have done something worse...you never know how you are going to react. Third- everything was ruled as accidental...he DID NOT push him. Were you there and seen him push him..if so then why did you not report it to the police? Are you with holding evidence? If you answerd NO to these questions then stop making accusations. It's unreal that investigators have ruled this as an accident, but so many Islanders still have to run their mouths and give their two cents about what happened. Instead of sending condolences out to each family and the parties involved they would rather sit here and judge what happened in their own closed minds. I feel so bad for the parties and families involved, my heart goes out to them. I hope they can now start to heal.