A Wahpeton Dakota Nation woman’s trial for second-degree murder won’t go ahead as planned, after the prosecutor in the case announced plans to withdraw all unresolved charges in the case.
Valerie Standing’s trial was related to the death of Brant Fox, more than three years ago when he was 28 years old.
He died after he was hit by a vehicle on Wahpeton Dakota First Nation early in the morning on April 10, 2013.
Last year, Standing admitted she was behind the wheel when Fox died and that she was drunk at the time. She entered guilty pleas to impaired driving causing death and driving with a blood alcohol content above .08 causing death.
The Monday trial in Prince Albert had been set to address the further charges of second-degree murder, dangerous driving causing death and criminal negligence causing death.
However, Crown prosecutor Jeff Lubyk told court he plans to stay those charges. Standing is not in custody at this time, and no family was present in court. Lubyk said Fox’s family is in the process of preparing victim impact statements.
Speaking with media after court adjourned, Lubyk said the decision came after his office reviewed the evidence in Standing’s case and decided there wasn’t a likelihood of conviction.
Standing’s defence lawyer Peter Abrametz Jr. said he didn’t know of any new evidence revealed in recent years.
“Frankly I can’t think of anything and I can’t really take credit but I do know with the passage of time sometimes things become more clear and things are understood,” he said.
“I can’t answer exactly why the delay but I do know that there’s a number of different people involved. And sometimes of course – and this is the way it should be, the families of the deceased the families of the victim are involved as well so things can be complicated in that sense and all of those voices need to be considered.”
Standing had been in a relationship with Fox, who was from Prince Albert. She has always said she never intended to kill Fox, Abrametz said.
“What she said is that she has grief each and every day, she thinks about it constantly,” he said. “In terms of whether it’s murder – murder is something that’s premeditated, where there’s intention to cause either death or severe bodily harm and reckless as to whether or not death ensues.”
A presentence report has been ordered, and Gladue factors must be considered. In court, Abrametz acknowledged the sentencing range is fairly rigid regardless of the Gladue factors. He added that there’s a possibility of a joint submission between the Crown and defence.
The facts of the case will be revealed at Standing’s sentencing in September.