A 26-year-old man charged in a hit and run that killed a pedestrian in Dartmouth in February 2019 will have to wait to hear his fate from a Nova Scotia Supreme Court judge in December.
Matthew Gerald Kennedy, of Bedford, pleaded guilty this summer to charges of failing to stop his vehicle at the scene of a fatal collision and obstructing police.
Lawyers for the Crown and defence submitted arguments during the sentencing hearing for Kennedy at Nova Scotia Supreme Court Tuesday.
On the morning of Feb. 22, 2019, Gary Rogers crossed Pleasant Street to stop for a coffee at Tim Hortons and have a cigarette before heading back home for breakfast.
But as Rogers, 57, made his way back across Pleasant Street at about 5:50 a.m., he was struck by a vehicle and killed.
Kennedy, the driver of the vehicle, didn’t stop after he struck Rogers.
'Acted like nothing happened'
Instead, he slowed down and saw Rogers, but continued on his way to school at the Nova Scotia Community College Ivany campus and “acted like nothing happened,” Crown attorney Katie Lovett told the court Tuesday.
As Kennedy arrived at school, where he was a radio and television student, he parked his vehicle in a way to make the cracked windshield and damage to the passenger side of his vehicle less visible.
He told some classmates and his dad a large ice block had blown off the roof of a transport truck on his way to school and went through his windshield.
The first report of the fatal collision came out at about 7:15 a.m., nearly 1.5 hours after a civilian reported it to 911. Kennedy reported on the collision during the 8 and 9 a.m. broadcasts.
When pressed by a classmate, who noticed hair caught on the damaged windshield, if he had hit the pedestrian, Kennedy called the claim “ridiculous” and said dog fur must have come off when he used his jacket to cover the hole.
Lovett said a witness claimed the windshield of Kennedy's vehicle "looked like a bowling ball when through it.” There was also hair caught on the damaged windshield, as well as other damage to the passenger side of the vehicle.
— Nicole Munro (@Nicole__Munro) October 13, 2020
Kennedy attended a job interview and spent time at the mall before he was arrested that afternoon at a Halifax radio station after police received a tip about his vehicle.
Kennedy told police that he didn’t call 911 after the collision because he knew he would have been charged with something. When asked why he didn’t stop to help Rogers, he said the only reason he could think of was “selfishness.”
“Mr. Kennedy lied to police because he thought it would just go away if he covered it up,” Lovett said.
Lovett said while there are mitigating factors, such as Kennedy being a youthful offender, not having a prior criminal record, entering a guilty plea, having family support and expressing remorse for his behaviour, she said he also has aggravating factors.
“He took extensive steps to conceal involvement in the accident,” Lovett said, claiming there is no medical basis to assert Kennedy was in a state of shock or panic after the collision.
Kelli Rogers, Rogers’ sister, said her brother had a hard life and she was scared he was going to die on the streets alone, but he had recently turned things around.
“On Feb. 22, 2019, my worst fear did come true. Gary died on the street alone. All this work for nothing,” she said, taking a long pause, during her victim impact statement.
The Crown recommended a sentence of 12-18 months in custody, with no preference for a concurrent or consecutive sentence, followed by 24 months of probation and a DNA order.
Kennedy feels remorse, defence lawyer says
But defence lawyer Joel Pink argued that while his client was in a state of shock after the collision, which impeded his train of thought, he co-operated when he was arrested and has since shown remorse.
“Mr. Kennedy is a young man, who was involved in a tragic accident and overcome with fear and anxiety, made the terrible choice to leave the scene of the accident and act like nothing happened,” Pink said.
Pink said Kennedy currently has a job and has been accepted to the Canadian Armed Forces pending the outcome of the sentencing hearing.
“It is our respectful submission that Mr. Kennedy is clearly a good candidate for rehabilitation and not a danger to society,” Pink said after reading many letters of support for Kennedy.
Pink recommended Kennedy pay a fine, be prohibited from driving for a period of time and go through rehabilitation, adding he had no objections to the DNA order.
Police also charged Kennedy with criminal negligence causing death.
George Franklin, a lawyer with the defence team, challenged the constitutionality of a Criminal Code provision that says a conditional sentence is not available for the offence of leaving the scene of a crash causing death.
Justice John Bodurtha has reserved his decision until Dec. 4.
Kennedy, who was in custody for three nights before he got bail, must still abide by the conditions prohibiting him from occupying the driver’s seat of any vehicle and applying for a passport. He also must observe an 11 p.m.- 6 a.m. curfew unless he’s working.
