Former supervisor appeals conviction for causing Fredericton teen's death on job

A former construction supervisor who caused the death of his teenaged employee is appealing his conviction, and wants to be released on bail while the New Brunswick Court of Appeal considers his case.

Jason King's defence lawyer is arguing a judge erred in considering certain evidence during his trial for criminal negligence causing the death of 18-year-old Michael Henderson in August 2018.

Following a three-week trial this spring, New Brunswick Court of King's Bench Justice Thomas Christie found the 46-year-old guilty, and sentenced him on Sep. 12 to three years in prison.

In a notice of appeal filed the next day, Patrick Hurley, King's lawyer, said Christie made several errors during the trial, including admitting into evidence a statement King provided to WorkSafeNB employees, as well as by "misinterpreting and misapprehending" the responses King provided in that statement.

Hurley is also arguing Christie erred in determining King breached the standard required of a reasonable supervisor in the absence of evidence establishing the requisite standard required of a reasonable supervisor.

As a result, Hurley said King is asking the court to either quash his conviction and acquit him of the charge, or quash the conviction and order a new trial.

CBC News asked Hurley and Sabrina Winters, another defence lawyer, for an interview about the appeal, and in an email Winters said they're unable to comment as the matter is before the court.

Testimony at trial revealed Henderson was working on a project at the City of Fredericton's sewage plant on Barker Street, which involved constructing a large concrete, pool-like structure known as a clarifier. 

The clarifier had a hole in the middle, and at the bottom of that hole was a horizontal pipe running several metres to the bottom of a nearby manhole.

In the weeks leading up to Henderson's death, King discussed plans to use a large inflatable plug to seal the horizontal pipe and then fill the manhole with water to test whether the pipe was watertight.

On the morning of Aug. 16, Henderson was cleaning out the bottom of the hole at the centre of the clarifier.

King started filling the manhole with water shortly before noon that day and kept it running as Henderson and other workers went for lunch.

Henderson resumed work around 12:30 p.m, and shortly before 1 p.m. the plug slid out of the pipe while he was in the hole, pinning him to the wall as water rose above his head. He remained under water for several minutes before first responders were able to free him.

During the trial, King testified in his own defence that he thought Henderson wouldn't be going back into the hole after lunch.