EDMONTON — The Crown wants a harsher penalty for a man who crashed his SUV onto an Edmonton restaurant patio and killed a boy.
Two-year-old Geo Mounsef was having dinner with his parents and baby brother at Ric's Grill in May 2013 when the SUV pinned him against a wall and he died.
The Crown's office says in a statement on Twitter it has filed a notice of appeal against the sentence given to Richard Suter.
Suter, a 65-year-old retired businessman, pleaded guilty to failing to provide a breath sample in a death.
A provincial court judge, saying the gravity of the crime called for some time behind bars, sentenced Suter last week to four months.
The Crown had argued he should be sent to prison for three years.
Judge Larry Anderson ruled that witnesses wrongly assumed Suter was drunk after his vehicle plowed into the patio.
"As tragic as the consequences have been, this collision was an accident caused by a non-impaired driving error,'' Anderson said.
The judge further took into account that Suter and his family have been subject to "extreme vitriol, public scorn and threats ... as well as violent vigilante actions'' since the crash.
Suter was abducted from his home by three masked men and had a thumb cut off. His wife was attacked in a shopping mall parking lot
Suter testified at his sentencing that he had had three drinks over four hours before the crash, but wasn't drunk.
He said he had been arguing with his wife about a divorce and mistakenly hit the gas instead of the brake while he was parking the SUV.