A man charged after an 18-year-old Olds College student was run down and killed outside a bar in Olds in October will be tried for second-degree murder, a judge ruled Wednesday.
Jeffrey Kevin Leinen, 25, of Calgary, also faces charges of dangerous operation causing death, impaired causing death, dangerous driving causing bodily harm, and impaired driving causing harm.
Leinen's preliminary inquiry before Judge Harry Van Harten was held in Didsbury provincial court in July, when Leinen was ordered to stand trial.
Last week's judge's ruling was whether that trial would be on first- or second-degree murder.
Unlike first-degree murder, second-degree murder does not include planning and deliberation. It carries a maximum penalty of life imprisonment without parole for 10 years.
A publication ban prohibits reporting on evidence or testimony given during the hearing, including the judge's reason for his second-degree murder ruling.
Leinen will be back in court Sept. 16 in Calgary when a Queen's Bench trial date could be set.
A Ford F250 drove through a group of pedestrians outside the Texas Mickey bar shortly after midnight on Oct. 29, 2010, killing Nicolas Baier. A second 19-year-old male Olds College student was injured.
Family spokesperson Frank Van Humbeck, who is an uncle of Baier, attended all of Leinen's court appearances.
“I guess we are a little bit disappointed,” Van Humbeck said outside court last week. “I guess you always hope for the maximum as the family. Am I surprised? Personally I'm not surprised that it was second degree.”
Baier's family will be attending the trial whenever possible, he said.
“It's a very difficult process, particularly for his mom and dad. Nicolas was always a big help on the farm so now they are one man short, with the harvest and everything.”
Van Humbeck said even though the case is moving forward, the family hasn't really found closure and maybe never will.
“I think with people losing their children that's a very long process,” he said. “The grief never really goes away. You have to be careful not to think that the court case will bring any closure. You have to try to separate the court case from the grieving process.”
Outside court Leinen's lawyer, Andre Ouellette, said he is pleased the judge has ruled for trial on second-degree murder.
“I thought all along that this was the most jeopardy my client was exposed to, second degree,” said Ouellette. “I thought the Crown had overcharged. The test for second-degree murder is something that's easier to deal with and it's easier for my client. There was no basis for first degree at all.”
Ouellette says he has offered the Crown a plea to manslaughter in the case, an offer that remains outstanding.
“My position all along has been, and it's going to be our position at trial, that the most my client should be exposed to is some form of criminal negligence, sometimes referred to as manslaughter,” he said.
Ouellette says his client is pleased with the judge's second-degree murder ruling.
“He's been in custody for a long time. He wants to know what his fate will be,” he said.
Crown prosecutor Roy Smith declined to comment on the case.
He did say in cases of first-degree murder and second-degree murder the Crown typically calls the same evidence.
