Apr 16, 2014 - AGREED STATEMENT OF FACTS [Brandon Thomas]


IN THE PROVINCIAL COURT OF ALBERTA
HER MAJESTY THE QUEEN
-and-
Ryan Jordan Gibson

Agreed Statement of Facts


Having complied with Section 606 (1,1) and pursuant to Section 655 of the Criminal Code of Canada, the Accused: Ryan Jordan Gibson, hereby admits the following facts for the purpose of pleading guilty to the offences of drive over .08 causing bodily harm AND drive over.08 causing death, as outlined under information 121464271-P1and pursuant to the Criminal Code of Canada.

On December 6th 2012,just after 6pm, Ryan Jordan Gibson (the"Accused") was driving his Black 2006 Chevrolet Silverado pick-up truck, license plate BGF8049. He was traveling from Cochrane, Alberta to his home in Calgary after visiting with friends and consuming alcohol during the day.

The Accused was traveling Southbound on Hwy 22, South of Cochrane. Highway 22 is a single-lane highway with one lane Southbound and another Northbound with a posted speed limit of 100 kmh.

At one point the Accused pulled out of the southbound lane into the Northbound lane to pass two semi tractor-trailer in front of him, one of which was driven by a witness.

Observed the Accused accelerate at a high rate of speed to pass both the semi tractor trailers and continue Southbound on Hwy 22 in the Northbound lane until he was out of sight over a hill.

Dale, was driving Northbound toward Cochrane on Hwy 22 in his 2001 GMC Yukon when he observed the Accused coming towards him in his (Northbound) lane. Dale observed the Accused in the Northbound lane for approximately one-half to three quarters of a mile.

As the Accused continued towards him, Dale attempted to move more and more Eastward towards the shoulder and then toward the ditch (or his right side) in order to avoid the Accused who did not appear to be moving back to the southbound lane, nor attempting to avoid Dale.

Dale moved his vehicle as far off the road as he felt he could before the Accused side-swiped his driver's side, causing him to lose control and spin into the East ditch.

Following Dale, was Kelly-Anne, who was also Northbound, driving her 2008 Hyundai Sonata. After striking Dale's Tahoe, the Accused then struck Kelly-Anne on her driver's side and this contact forced her off the road into the ditch where her vehicle rolled numerous times.

Her vehicle came to rest behind Dale's, in the East ditch, After striking Dale and then Kelly-Anne, the Accused truck continued through the Northbound lane where it collided head-on with the vehicle driven by Brandon Thomas, age 17 , of Cochrane.

Brandon was driving his 1999 Subaru Impreza, which was destroyed as a result of the crash.
Following the collisions with these three vehicles, the Accused's vehicle was left facing the East ditch towards the Thomas vehicle.

The RCMP Technical Collision Investigation Report by collision analyst: Cst. Rylee Guckert, concluded that the "primary factor contributing to the collision was the inability/failure of the driver (Accused) to drive the (his) vehicle in the designated lane and maintain control of the vehicle. This report, which includes scene photo evidence, is submitted as an Exhibit in this
sentencing.

The first to persons to stop on scene and assist were Joseph and Amanda. Amanda identified the Accused as the driver of the truck and spoke with him after he exited.

At approximately 6:15pm, Cst. Nathan Moore, of the Cochrane RCMP attended to the scene and spoke with the Accused. Shortly after noting the unexplained accident coupled with indicators supportive of alcohol impairment, at 6:20pm the Accused was placed under arrest for impaired operation of a motor-vehicle.

 He was Chartered, cautioned and ultimately read the breath demand. The Accused was then transported by Cst. Moore to the Cochrane detachment of the RCMP.

Upon arrival and during booking, at 6:54 he was re-arrested and re-Chartered and Cautioned for impaired operation of a motor-vehicle causing bodily harm given the indication of such at the scene.

However at 7:01pm information was relayed to the detachment that Brandon Thomas had died at the scene and the Accused was again rearrested, re-Chartered and Cautioned for impaired operation of a motor vehicle causing death.

During each arrest, the Accused appeared to, and indicated that he understood what was being said to him and he declined counsel on each occasion it was offered.

The Accused was then placed before Cpl. Troy Savinkoff, a Qualified Breath Technician, who directed the Accused to provide breath samples pursuant to the earlier demand by Cst. N. Moore.

The Accused provided samples at 7:12pm and 7:32pm, both of which were 160mg %. The
certificate of analysis is an EXHIBIT in this sentencing.

Subsequent toxicology analysis of the evidence estimates the Accused's blood-alcohol reading at the time of the collision (approximately 6:10pm) to have been between 170mg% and 181mg%. This toxicology report is an EXHIBIT in this sentencing.

First responders on scene attempted to extricate Brandon Thomas from the wreckage of his vehicle, and while successful in doing so, paramedics and an urgent care Doctor who had happened upon the scene were unable to obtain a pulse when he arrive at the ambulance and he was pronounced dead at approximately 7pm.

The Alberta Health Services medical report is an EXHIBIT in this sentencing. The Medical Examiner lists the cause of death as "multiple injuries" due to
"motor-vehicle incident"; "driver". The Medical Examiner's report is an EXHIBIT in this sentencing.

Kelly-Anne also suffered injuries as a result of her collision with the Accused and her medical records are submitted an EXHIBIT in this sentencing. The Crown further anticipates updated health information from Kelly-Anne to be provided through the Victim lmpact Statement or
otherwise.

The Accused has no prior criminal convictions and only a relatively minor Provincial driving record. This driving record is an EXHIBIT in this sentencing.




 

Last updated on: 2014-05-20 | Link to this post