Trial of bartender charged in fatal Calabogie crash ends with peace bond agreement

The trial of a former bartender, accused following a 2017 crash that killed two Renfrew teens, is over.

In a surprise move Thursday, May 13, Justice Hugh Fraser accepted a Common Law Peace Bond.

Both the Crown Attorney’s Office and Ann Senack’s defence team drew up the agreement, which does not prove Senack’s guilt or innocence but does bring an end to a tragic episode that began on October 26, 2017.

The former bartender at Shooters Bar and Grill in Calabogie, was charged in 2019 with two counts each of criminal negligence causing death and criminal negligence causing bodily harm. Senack had been accused of serving alcohol to Brandon Hanniman and Alex Paquette, who both died as a result of their car slamming into a rock face on Calabogie Road shortly after midnight on October 27. Jacob McGrimmon and Ben Scheuneman were the other passengers who survived the crash. All four boys were 18 at the time.

The Crown Attorney’s Office, represented by Assistant-Crown Attorneys Richard Morris and Caitlin Downing, had argued the defendant failed to properly check all the young men for identification and that she served them approximately 56 drinks over the two hour period and they were intoxicated when they left the bar.

Senack’s defence team, consisting of well-known litigators Michael Edelson and Tony Paciocco, were building a case in which a combination of Hanniman’s speeding while driving, along with the driver being distracted by a cell phone and alcohol, all played a part in the fatal collision.

CROWN ATTORNEY AGREES TO BOND

Renfrew County Crown Attorney Jeffery Richardson read out the terms of the agreement, noting that the 10-year peace bond includes a $25,000 bond that will only be paid if Senack fails to follow the orders of the bond.

Some of the terms include the completion of 300 hours of community service hours before May 31, 2025. Senack is also forbidden from serving alcohol in any capacity, whether as a volunteer or a paid employee and she must report to the Director of the Direct Accountability within five days.

Richardson also noted that Senack donated $10,000 to the Renfrew County Victim Services and she cannot claim the donation as a taxable exemption.

He also read the Crown’s assertion that all four young men were impaired when they left Shooters and Senack shares some responsibility in the crash.

He gave graphic detail of how the car rolled numerous times at a high rate of speed and three of the four occupants were thrown from the vehicle and only McGrimmon remained in the car due to the fact he was wearing a seatbelt.

When he concluded reading the agreement, he made an impassioned plea to all those watching the proceedings through a live stream to educate others because the number of impaired driving charges within his jurisdiction continues to be a problem. He quoted the father of one of the victims.

“You know, you do your best as a parent to make sure your children know what is right, and what is wrong,” he said. “You try to make sure they don’t take chances. And when they get to this age, you hope that they have grown up. You can’t be with them all the time. You have to trust them.”

Richardson went on to say that as a community, we all play a part in protecting our children and our community and he said the law can only react to these types of tragedy.

“I beg people to serve alcohol responsibly and drink alcohol responsibly and do not get behind the wheel if you have had too much to drink,” he said. “And do not get into a car as a passenger if you know the driver is intoxicated.”

He concluded his remarks by noting had Brandon Hanniman survived the crash, he would have been prosecuted for impaired driving causing death and bodily harm, he would more than likely have been imprisoned for his actions.

DEFENCE SATISFIED WITH OUTCOME

In a telephone conversation after all documents were signed, Tony Paccicio, who led the defence in most of the cross-examination, said this case was only one of three he has ever heard of where criminal charges were brought against a server or licensed establishment following the death of an individual as a result of impaired driving.

“This was a tough case and our client and all those involved in this tragic case can now try and move on with their lives,” he said. “In our criminal justice system there is a very high bar to label someone a criminal beyond a reasonable doubt and I credit the Crown Attorney’s Office for recognizing it was going to be very difficult to reach that threshold.”

When dates were set last year for a trial, some raised concerns about the length of time for the process and were reminded of the Jordan Ruling, a Supreme Court decision which outlines specific time frames for a case to be concluded.

He said that although all parties were cognizant of the time elapsed between the time of the collision and the actual trial, the chance of an 11(b) Charter application (Jordan Ruling) was not the primary reason for the sudden end of the trial.

He said that moment occurred during his cross-examination of Ben Scheuneman. He also admitted his cross-examination of a witness who nearly died and spent months in rehabilitation learning how to speak and walk all over again was the most challenging cross-exam he has done in his career.

“When we used the cell phones of the occupants and second-by-second tracked their movements until the crash, it became evident to the witness and the Crown that the driver was distracted with a cell phone seconds before the GPS showed the car coming to a full stop,” he said. “It was a number of factors that led to the crash.”

Although the criminal case is now considered closed, there is an ongoing civil suit launched against unknown persons associated with the now closed Shooter’s Bar and Grill. Mr. Paccicio said the criminal cases have all been unsuccessful, but the threshold of determining guilt is much lower in a civil matter. The civil case is on behalf on one of the families involved in the crash.