Man convicted of criminal negligence in fatal boating mishap – Owen Sound Sun Times

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Christopher Solomon admitted he caused the death of Tyler Denning by criminal negligence in a boating accident at Wiarton more than three years ago.

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Solomon, 42, pleaded guilty in the Superior Court of Justice in Owen Sound Tuesday to felony negligence causing death on June 7, 2019 in Wiarton. Tuesday had been scheduled to be the first day of a two-week jury trial.

Solomon, of Wiarton as of the latest available court information, is to return to court Feb. 21 for sentencing submissions, when victim impact statements will be presented. Solomon was remanded out of custody until then.

By then, a Gladue presentencing report should be ready about Solomon’s Aboriginal background, as well as a separate presentence report and electronic monitoring report, which is the technical report to evaluate whether ankle bracelet monitor technology is an option.

Solomon listened to an agreed statement of facts, go through aloud by visiting Crown attorney Charles Yih, and confirmed they were correct. Solomon’s father and Denning’s mother were among others listening in the courtroom.

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Yih said Soloman took Alan Lembke, Jack Nadjiwan and Tyson Denning on a night-time fishing trip on his 16-foot boat on Colpoy’s Bay. All had already been drinking beer at Solomon’s place before the trip.

Solomon, the licensed operator of the boat, couldn’t start the engine plus he had to replace the battery before it would start. When they launched the boat from Wiarton Marina, Lembke and Nadjiwan were already intoxicated, the agreed facts said.

All continued to drink upon the boat, which a man who was a witness noted left about 7 p. m. “He observed that the ‘back end was too heavy, ’ like ‘water was already within the boat, ’ plus the ‘engine kept cutting in and out’” and the boat couldn’t plane properly because it could not level out, the decided facts said.

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There were life-jackets aboard for all, but they weren’t readily accessible and Solomon didn’t direct them to be worn.

Water was entering the stern, or rea, of the boat within 50 feet of departure and the three passengers took turns bailing while Solomon operated the boat. He told them this individual thought water was entering through the stern and he wanted it elevated.

More water entered the boat, weighing it down plus “bailing was continuous. ” One passenger caught the fish and a photo of it was recovered from Solomon’s cellphone, the agreed facts said.

The sky has been dark when they made their way back in order to shore but the boat had been slower than before. About 10: 30 p. m. Solomon messaged his girlfriend that they were coming in.

“Mr. Denning was bailing water. He told the others that water had started rushing in quicker than before, ” the agreed facts stated.

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“When Lembke and Nadjiwan rushed to the stern of the vessel, this caused the bow to pop out of the water. Within 10 in order to 15 seconds the vessel turned straight up, stern-end in the water and bow-end upwards. It sank rapidly. ”

The four men plunged into the calm water, which was 6 to 12 C and about 16 feet deep. The air was about 12 C. Solomon told them all to undress in order to “lighten up. ” Denning was last seen swimming toward the water treatment plant.

“People on shore heard their screams for help, ” the agreed details said. At 10: 38 p. m. the OPP received numerous 9-1-1 calls about the cries with regard to help. Some boaters headed out to try to rescue the screaming males.

Lembke was rescued by Brian Langille in a rowboat, who took him to the dock, where police were sent plus EMS treated him. He went to Wiarton hospital. Solomon was rescued simply by Jeff and Christine Cole in their vessel.

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On the boat, Solomon was “agitated and appeared to be disoriented, ” the agreed facts mentioned. He said two others were still within the drinking water. Shortly after, the Coles rescued Nadjiwan in medical distress, “non-verbal” and with suspected hypothermia.

“They produced the agonizing decision in order to abandon the rescue and return back to shore to seek medical assistance for Mr. Nadjiwan. While en route back to shore, Jeff Cole heard Mr. Solomon say, ‘we should have turned around when the vessel first started leaking. ‘” Solomon and Nadjiwan went to Wiarton hospital.

Other boaters, Greg and Lois Toneguzzo, used a powerful light to illuminate Denning’s body on the lakebed. They remained until the OPP boat arrived and police divers recovered Denning’s entire body in 16 feet associated with water after daybreak. The particular 22-year-old from the Orangeville area was found wearing only boxers.

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Later a police accident reconstruction determined there had been no collision. The boat sank due in order to a leak around the particular stern drain plug, the agreed facts said.

Police smelled alcohol on Solomon’s breath and heard slurred speech. Readings later that night showed a blood alcohol concentration of 110 and 100. The legal limit to operate the vessel under the Criminal Code is 80.

The Overhead did not proceed on a charge of impaired operation, but asked that it not be withdrawn yet. He filed as an exhibit Solomon’s criminal record, which Justice John Sproat said contained one conviction for impaired driving.

After the facts were study, defence lawyer Brennan Smart raised the possibility of moving the case to Grey County’s new Gladue court for sentencing. He said he only learned associated with it from the Aboriginal court support worker that will morning.   After a lengthy break, Smart asked for sentencing at least four months later, to allow time for Solomon to access services he or she learned of from the particular Aboriginal court support worker. Meantime, he would take direction on “how to conduct a sentencing hearing within the Superior court that is reflective of the values of the Indigenous court. ”

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Sproat expressed willingness in order to move the situation to the particular Gladue court, which is part of the Ontario Courtroom of Justice, noting he hadn’t yet issued the finding of guilt plus wanted to do what is most fair. Smart stated that would be ideal.

Yih’s position was to have Solomon access Indigenous services but continue with sentencing before Sproat, who, having heard the facts and pretrial applications, was seized from the case.

Sproat decided to carry on and convicted Solomon based on the agreed information.

He set a check-in by Zoom Jan. 23, when Solomon’s lawyer suggested he could provide information on incorporating culturally appropriate Indigenous components into the sentencing.