A man who was charged in connection to a hit and run that killed a Good Samaritan in the summer of 2012 was found not guilty in an Edmonton courtroom Thursday.
Porter had pleaded not guilty to charges of careless driving, hit and run, and failure to stop at the scene of an accident resulting in death – charges he had faced in connection to a June 13, 2012 hit and run, that left Andrew Green, 46, dead.
That night, Green had been helping a stranded motorist change a tire when he was hit and killed by a passing vehicle - that vehicle did not stop.
Porter later reported being in a crash to police and his insurance provider, as required by law – before he was charged in connection to Green’s death.
However, Porter’s lawyer argued that using those statements in the criminal investigation violated Porter’s Charter rights, an argument Justice Shelley agreed with.
Kieran Porter, 37, was found not guilty Thursday, after evidence surrounding the case was found to be inadmissible in court.
In handing down her decision, Justice Donna Shelley said “The Crown cannot prove that Mr. Porter was the driver of the vehicle…”
The Crown is reviewing the decision before deciding their next steps.
Meanwhile, the victim’s family is proceeding with a civil suit against Porter – in that case, the evidence that was found inadmissible Thursday, may be usable.
With files from Bill Fortier