Richard Suter has been granted bail by the Court of Appeal, while he waits for his case to be heard by the Supreme Court.
Suter is attempting to have his 26-month sentence reduced in the killing of toddler Geo Mounsef in 2013.
The Supreme Court date is set for Oct. 11.
The appeal is an attempt to get Suter’s sentence reduced to its original four months, according to Suter’s lawyer Dino Bottos.
“It would have been pointless for Mr. Suter to have granted leave to appeal and having to wait until Oct. 11 to pursue the appeal before the Supreme Court and deny him bail because by Oct. 11, he would be effectively serving the vast majority of his sentence.”
“In order to give a true effect to his sentence appeal, he had to be released. Otherwise, it’s just unfair to keep him in when in fact he could be grossly over-serving what a fit and proper sentence would be.”
Suter is expected to be released Tuesday afternoon, once the paperwork is processed. Bottos describes Sutter as “shell-shocked” and “apprehensive” and said it’ll take a while for this to sink in.
In December 2015, Suter was sentenced to four months in jail and given a 30-month driving suspension after he pleaded guilty to refusing to provide a breath sample after a collision causing death.
The judge ruled that witnesses wrongly assumed Suter was drunk after his vehicle plowed into a southwest Edmonton restaurant patio, killing Mounsef, in May 2013.
At his sentencing, Suter said he had consumed three drinks over the four hours before the crash, but was not drunk. He said on May 19, 2013, he had been arguing with his wife about a divorce and mistakenly hit the gas instead of the brakes of his SUV.
The vehicle lurched forward into the patio at the former Ric’s Grill near Rabbit Hill Road and 23 Avenue in the Terwillegar area. Geo Mounsef, who was two, was having dinner with his parents and baby brother when the SUV pinned him against a wall.