Driver tried to save Cape Breton boy struck by car: witnesses
A Cape Breton man begged the first paramedic on the scene of a fatal car-bicycle accident nearly two years ago to help the six-year-old boy he is accused of hitting with his car, a provincial court judge heard Tuesday.
Paddy Brogan, 57, is being tried in the death of Joshua Penny, who was struck by a car on Sept. 27, 2006, as he rode his bicycle with his brother in Florence. The boy died 10 days later in hospital.
Brogan is charged with impaired driving causing death and criminal negligence causing death. He pleaded guilty Monday to exceeding the legal limit of alcohol in his blood. The legal limit is 80 milligrams of alcohol in 100 millilitres of blood.
Paramedic Greg Jessome told the court Tuesday that he was the first paramedic to arrive on the scene of the deadly accident.
Jessome, who knew Brogan, testified that Brogan was panicked and kept telling him that he didn't see the boy, and he begged Jessome to help the child.
Cape Breton Regional Police Const. David Melski testified Brogan was sitting on the grass while paramedics worked on Joshua nearby. He said Brogan admitted to him that he was driving the car that struck the boy on his bike.
Melski testified that Brogan was unsteady on his feet and there was a strong odour of alcohol on his breath. So, he said, he arrested Brogan and took him to the police station.
Brogan's blood alcohol reading, three hours after the accident, was 130 milligrams per 100-millilitres of blood, Melski testified.
The officer said Brogan first told him he had drunk two or three beers but later said he had consumed four or five beers — but no more than five.
Testimony at the trial Monday revealed the accident happened at dusk. Brogan was driving home, and Joshua was riding his big brother's bike on the same side of the road toward the car, against traffic.
Witnesses testified that after the collision they saw Brogan carry the boy and lay him on the grass at the side of the road. Brogan attempted to administer CPR, they said. Witnesses said Brogan was unsteady on his feet and smelled of alcohol.
The five-day trial continues tomorrow before Judge Anne Derrick.