House arrest sought for mother whose driving caused 6-year-old daughter's death
CBC
A northeastern New Brunswick woman who admits her driving led to the death of her six-year-old daughter three years ago, will be sentenced in January.
Keisha Renee Herrell of Esgenoôpetitj First Nation pleaded guilty to a criminal negligence charge in September.
Herrell admitted her actions while driving an all-terrain vehicle in Tabusintac on Nov. 30, 2020, caused the death of Jemma Leighton Barnaby.
Herrell was scheduled to be sentenced Wednesday afternoon in Miramichi court. She initially wasn't present but appeared in the building several minutes after the judge said he would issue a warrant.
However, the sentencing did not go ahead because Herrell had failed to take part in a pre-sentence report used by the sentencing judge.
Court of King's Bench Justice Fred Ferguson told Herrell that she needed to show up when required.
"We realize that this was a tragic event," Ferguson said to Herrell, "that your conduct fell below the bar for Canadian standards as a driver of an ATV, and that's why you were charged."
Despite that, the judge said, the court needed the report to learn more about her background so that the case can be completed.
An agreed statement of facts presented to the judge when Herrell pleaded guilty lays out what led to Barnaby's death.
It says Herrell was on an all-terrain vehicle on Nov. 30, 2020, in Tabusintac, with daughter Jemma sitting in front of her. A nine-year-old child sat behind Herrell.
That older child, who cannot be named because of a publication ban, later told police that Herrell asked Jemma if she wanted to drive. Although her daughter said she didn't want to, Herrell made her drive anyway.
Herrell then gave one of the children a phone to record them driving. The nine-year-old told police that Herrell then took control of the ATV and went "insanely" fast. The statement says the ATV hit a tree or something else and tipped over.
Barnaby's head was under the ATV, and she called out to the older child for help. She tried to lift the ATV but couldn't and then ran for help.
The agreed facts say the video has the sound of Herrell waking up minutes after the crash and starting to scream.
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