Judge Robert Jackson also convicted Leland Kerr last month of driving with a blood-alcohol level exceeding the legal limit causing bodily harm after a trial in Kindersley provincial court.
Court heard the men were initially drinking at Kerr’s farm when Massey was called in to do some field spraying. Kerr said he drove Massey to the job site, and Massey said he later drove them to his farm, where they consumed around two more drinks each. Massey, who wasn’t wearing his seatbelt, said he remembered hitting his head on the windshield and “flying through the air and hitting the ground hands and arms first,” Jackson’s decision states.On the stand, Kerr said he had a “partial recollection” of the car rolling before he was “knocked out.” He said he “came to” in the passenger seat, unbuckled his seatbelt and crawled through the broken passenger window.
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