The Crown will appeal the decision of the Alberta Court of Appeal to order a new trial for the man convicted of killing an Olds College student outside the Texas Mickey bar in October 2010.
The Crown will appeal the decision of the Alberta Court of Appeal to order a new trial for the man convicted of killing an Olds College student outside the Texas Mickey bar in October 2010.
Jeffrey Leinen was convicted in December 2011 of second-degree murder in the death of Nicholas Baier, 18, who was run down by a pickup truck outside the bar on Oct. 29, 2010.
Leinen was drinking at the bar when he got into a fight. Three bouncers at the bar escorted him outside where he engaged in another fight before getting into his truck.
Someone hit the back of his truck from the outside and uttered obscenities or threats and Leinen accelerated the truck toward a crowd that had gathered outside the bar.
He hit and killed Baier and injured Dan Skocdopole, another Olds College student.
Leinen, who was in his early 20s at the time of the incident, was also found guilty of aggravated assault against Skocdopole.
He was sentenced to life in prison with eligibility for parole in 14 years and is serving his sentence in Edmonton.
Leinen launched an appeal of his conviction on the grounds that, during the trial, Justice Marsha Erb "misdirected the jury, and erred in admitting bad character evidence and allowing an expert to provide rebuttal evidence," according to the appeal court judgment.
In his defence, Leinen had argued "that his acceleration was an involuntary panic response," the judgment states.
In a decision released on Aug. 12, two of three judges serving on the Alberta Court of Appeal in Calgary granted Leinen's appeal "because the trial judge erred in failing to instruct properly on the legal significance of the panic attack defence," court documents state.
Michelle Davio, a spokeswoman for the Alberta justice and solicitor general ministry, said the Crown has a right to appeal the appeal court’s decision to the Supreme Court of Canada "because there was a dissent in the Alberta Court of Appeal on a question of law."
Baier’s uncle, Frank Van Humback, said his family was in "shock" when the appeal court made its decision in August.
"I think it surprised us. I guess we’re disappointed in that outcome. I guess now we have to go through a full trial again," he said. "I didn’t really expect that they would order a new trial. Certainly we didn’t hope that they would order a new trial. It was tough enough to get through the first one, it will be just as tough to get through the second one."
He added the family will "absolutely" attend a second trial.
A new trial has not yet been scheduled.
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