A Nelson, B.C. woman acquitted of killing a teenager in a car crash in Lethbridge nearly four years ago may not have to go to trial a second time.
Kaitlyn Ruth Smith was scheduled to stand trial for two weeks beginning Monday in Lethbridge provincial court on charges of dangerous driving causing death, impaired driving causing death and driving with more than 80 mg of alcohol in her blood. But the case was adjourned until Wednesday when it's anticipated the accused will plead guilty and the matter will be resolved without the necessity of a trial.
Smith was acquitted of the charges following a trial in April 2010 in Lethbridge. But the Crown appealed Judge Gerald DeBow's decision to dismiss the charges, and Alberta's Court of Appeal ordered a new trial.
Defence counsel applied to the Supreme Court of Canada to hear an appeal of the Court of Appeal's decision, but in February of last year Canada's highest court dismissed the application.
Court heard during trial the accused had taken a friend's car without her permission on Oct. 18, 2008, and drove along 13 Street just north of Hardieville where she lost control of the car. The car hit the ditch and rolled over, injuring three of the passengers and killing 18-year-old Jesse Bulford of Cranbrook, B.C. Smith also sustained a serious head injury.
Evidence in the original trial indicated a sample of Smith's blood taken at the hospital shortly after the accident showed an alcohol level of 136-155 mg per 100 ml of blood, well over the legal limit of 80 mg of alcohol. However, DeBow ruled in favour of defence counsel Ingrid Hess's argument that the Crown failed to produce any evidence or expert witnesses to prove that the blood-alcohol readings and hospital equipment used to take the samples were reliable.