Calgary man appeals conviction in crash that killed his daughter
Texts from a Calgary teen to her mom, shortly before she was thrown to her death from her father's careening Jeep, should not have been allowed into evidence, an appeal filed on the dad's behalf says.
In a notice of appeal filed by defence lawyer Alias Sanders, Michael Bomford says the evidence should have been ruled inadmissible as hearsay during his Court of Queen's Bench trial.
Sanders wants Bomford's convictions on charges of drunk driving and dangerous driving causing death and bodily harm tossed by the Alberta Court of Appeal.
At the very least, the lawyer's appeal notice says, a new trial should be ordered.
Sanders also has appealed the 51/2-year prison term and eightyear driving prohibition Justice Kristine Eidsvik imposed on Bomford when she sentenced him last September.
Eidsvik convicted Bomford of causing the death of his daughter, Meghan, 17, and badly injuring her best friend, Kelsey Nelson, in an Oct. 18, 2016, crash on Mcknight Boulevard N.E.
The judge found two texts Meghan sent to her mom, Lisa Bomford, complaining about her father's driving in the minutes leading up to the afternoon rushhour crash, that put the dad behind the wheel.
In her appeal notice, Sanders said Eidsvik erred in admitting the texts, which amounted to hearsay evidence, and for relying on them for timing and the truth of their contents. The lawyer also said “the sentence imposed was excessive and unreasonable in the circumstances.”
Six eyewitnesses saw the Jeep lose control while travelling eastbound on the busy roadway, rolling over and ejecting all three occupants, but none could say who was behind the wheel.
Nelson, now 20, has no memory of the crash, which she said took the life of her “soulmate.”
The friends were on their way to police headquarters to get records checks so they could coach ringette.