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Jury begins deliberating manslaughter trial

Dec 17, 2018 | 3:52 PM

The fate of a Delburne man charged in a fatal crash two years ago is now in the hands of a jury.

Daniel Wayne Newsham, 48, is charged with manslaughter in the August 14, 2016 crash that claimed the life of Stanley Dick, 32. Closing submissions were made Monday morning at Newsham’s trial in Red Deer Court of Queen’s Bench.

Justice Eric Macklin told jurors there are four possible verdicts for this case: not guilty, not guilty of manslaughter but guilty of dangerous driving causing death, not guilty of manslaughter but guilty of dangerous driving, or guilty of manslaughter.

The jury heard during the trial that Newsham and friend Karl Raniseth came across Dick near Newsham’s work compound in Delburne late that evening. Suspicious of why Dick was there, the pair tried to get the license plate number of the black Dodge Dakota he was driving when Dick fled the area. Newsham and Raniseth started following him in Newsham’s orange, lifted one-ton Dodge Ram.

After calling the plate number into police, Newsham ignored RCMP warnings not to pursue.

Dick ended up driving onto a private property where he crashed into a fuel bulk tank. Dick then stole a nearby Ford F-150 and crashed into the SUV of a neighbour who’d come to investigate before leaving westbound.

Newsham and Raniseth were joined by the owner of the Ford as they continued following Dick on Highway 42. Court heard Dick slammed on the brakes when Newsham attempted to pass him just before 11:30 p.m. Both trucks swerved right before the front left side of Newsham’s truck and the back right side of Dick’s truck made contact. Dick’s truck entered the ditch before rolling and tossing him onto the highway. Dick later died from his injuries.

At issue is whether Newsham’s driving behaviour caused Dick’s death, or whether Dick died as a result of his own actions.

Crown prosecutor Brittany Ashmore asked the seven-man, five-woman jury to convict Newsham of manslaughter not because he is a bad man or “probably guilty,” but because the evidence leads them to the “only reasonable conclusion.”

Ashmore said Newsham showed reckless disregard that resulted in Dick’s death, and that the potential danger presented by following him that night was foreseeable.

“The danger of a collision would have been obvious,” she told the jury.

Ashmore said Newsham in his testimony downplayed his actions by recalling some details, such as claiming he was driving a safe distance behind Dick, but not others that would be negative against him such as how fast he was driving.

The analysis of an RCMP forensic collision reconstructionist supports the idea that Newsham’s truck caused the crash, Ashmore noted, adding the computer simulation of a private reconstructionist presented by the defence featured selected variables to make it appear Dick caused the crash.  

She also reminded jurors that Newsham had ample opportunity to end his pursuit of Dick, and that at no point that night did Newsham or Raniseth call 911.

Defence lawyer Balfour Der suggested to the jury that if Newsham actually intended to run into Dick he would have done so much earlier and before there were any witnesses.

Speeds ranged between 60 – 100 km/h and the distance between the two trucks was 100 – 200 feet for much of the pursuit, Der submitted. He also told the jury that all three eyewitnesses involved in the collision – Newsham, Raniseth and Colby Henderson, the owner of the Ford – said it was Dick who cut Newsham off just before the crash happened.

“There was nothing reckless about how Newsham was driving,” Der offered. “What caused this accident was not anything Mr. Newsham did, it was Mr. Dick.”

Der said while Newsham’s actions that night may have been ill-advised, they were not illegal.

“You cannot do anything but acquit him,” Der concluded. “There isn’t proof, period, let alone beyond a reasonable doubt, that a crime was committed.”

The jury broke for the night at 9 p.m Monday and will resume deliberating at 9 a.m. Tuesday.