Judge won’t strike plea of woman who drove over friend
By Delon Shurtz - Lethbridge Herald on July 2, 2022.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com A judge has refused to strike a guilty plea by a woman who drove over a friend following a night at the bar three years ago.Jessica Lee Gearing had hoped Lethbridge provincial court judge Kristin Ailsby would strike her plea to impaired driving causing bodily harm because, she testified previously, she was pressured by her former lawyer to plead guilty.
However, Ailsby said Wednesday she is confident Gearing’s plea was voluntary, that she understood the consequences of her plea, and that any pressure from her lawyer was appropriate.
“I am satisfied her plea was unequivocal, voluntary and informed,” Ailsby concluded.
During a hearing June 10 Lethbridge lawyer Ingrid Hess argued her client believes she may have a defence, but she didn’t have all the information available to her, and her previous lawyer only focused on pleading guilty. According to Gearing’s affidavit, there was no discussion between Gearing and her lawyer of any possible defences, which caused her to feel pressured to plead guilty.
Hess pointed out that even if there aren’t any defences, that should have been explained to her but wasn’t.
“If you just tell your client you’re dead guilty of this, you’re just dead guilty, and you’ve got to plead guilty, but you don’t explain to them why things that they think might be defences are not available to them, then I submit that amounts to a kind of pressure.”
The Crown, however, suggested Gearing only applied to strike her guilty plea to avoid jail, and she knew what she was doing when she pleaded guilty.
Gearing, 33, had been drinking in a bar in July 2019 and was preparing to drive away when several friends tried to stop her from leaving. One of her friends stood behind Gearing’s car to prevent her from leaving, and was warned by a bouncer to get out of the way before she was injured. However, the woman said Gearing wouldn’t run her over or leave, as long as she was behind the car.
“But Miss Gearing proved her wrong,” Ailsby said. “She put the vehicle in reverse gear and backed up, making no attempt to avoid her friend.”
The woman tried to step back and get out of the way, but she tripped and fell. The vehicle drove over her legs and lower body, then Gearing drove away, dragging the woman some distance before leaving her injured on the road.
Gearing, who the Crown previously noted did not realize she had driven over anyone, was arrested a couple of hours later at her westside residence.
Ailsby was prepared to sentence Gearing Wednesday, but adjourned the matter until next month because Gearing wasn’t in court. Hess explained her client had called the day before claiming she had Covid and was too sick to attend. Ailsby ordered her to attend the sentencing hearing in July. Follow @DShurtzHerald on Twitter 4
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