Crown won't appeal verdict in Brady Francis hit-and-run case

The Crown won't appeal Maurice Johnson's acquittal last month in the hit-and-run death of Brady Francis.

Francis, a 22-year-old from Elsipogtog First Nation, died after he was hit by a driver on Feb. 24, 2018, in Saint-Charles in eastern New Brunswick.

Johnson was later charged, but acquitted by Court of Queen's BenchJustice Denise LeBlanc. LeBlanc ruled the prosecution wasn't able to prove beyond a reasonable doubt that Johnson struck Francis or that Johnson left the scene knowing he had struck a person.

Francis's family and friends expressed shock and disappointment with the verdict.

"There's no justice for First Nations people in Canada," Elsipogtog First Nation Chief Aaron Sock said following the decision.

Pierre Roussel, New Brunswick's director of public prosecutions, issued a statement Wednesday announcing the Crown won't appeal the verdict and noting comments about justice for Indigenous people in Canada.

"There is absolutely no indication from our review of this decision that racial bias or partiality played any role in the acquittal in this case," Roussel said in the statement. "The decision was made on the basis of the evidence heard at trial and the applicable law."

The statement notes that an appeal must be based on a specific error in law by a judge.

Roussel said that while there may be grounds to appeal the finding that the Crown failed to prove Johnson's car struck Brady Francis, it wouldn't be sufficient given the judge's finding on whether Johnson had criminal intent.

Johnson, who didn't testify during the trial,told police he hit a deer while driving the night Francis died. Johnson told police he regretted not getting out of his truck that night to check to see if this was, in fact, what happened.

The judge ruled the Crown didn't prove Johnson left the scene knowing he had hit a person.

"This is a finding of fact, not an error of law," Roussel said in the statement. "It is well within the purview of the trial judge and is not appealable in this case.

"It is, in fact, fatal to the Crown's ability to appeal this acquittal."

The evidence in the case was largely circumstantial. Experts testified damage found on Johnson's truck was consistent with a collision with a pedestrian.

But the judge also heard that blood found on the truck did not match Francis's DNA and glass fragments found in Johnson's clothing could have come from multiple sources, including his cellphone, the truck or the road.

Family and friends of Francis had planned a rally in front of the legislature in Frederictonon Wednesday afternoon to plead for an appeal in the case.