Manslaughter charge withdrawn against Cape Breton woman

Charges have been dropped in the case of a Sydney Mines, N.S., woman accused of manslaughter in the death of another woman who was hit and killed two years ago by a vehicle.

Kimberley AnnO'Dea, 38, was charged following the death of Dana Marie Jessome, 28, who was struck on Oxford Street in Sydney Mines in July2017.

O'Dea was also charged with criminal negligence causing death and dangerous driving causing death.

The case was scheduled to go to trial in January.

The Crown withdrew all charges against O'Dea Monday morning at aNova ScotiaSupreme Court hearing in Sydney.

The decision to withdraw the charges came one week after Justice Patrick Murray ruled that a statement taken by Cape Breton Regional Police from O'Dea the morning that Jessome was struckcould not be used in court.

What judge said

He ruled O'Dea had not been properly advised of her rights.

In a court hearing in November to consider the admissibility of her statement, the court heard that O'Deawent to the police station in Sydney Mines on July 14, 2017, to get help.

A short time before that, police dispatch had received two calls: one indicating there was a woman at the police station who believed she may have hit someone, the second that there was a person on the road, on Oxford Street.

Evidence at the hearing suggested O'Deawas highly emotional at the police station that morningand wanted to get help.

Const.Troy Walker testified he tried to get some information from her to find out what was going on, while another officer went to the scene.

He wrote down what she told him andalso took her vehicle keysand placed her in a telephone room.

'Serious legal difficulties'

She wasn't cautioned until about an hour later, when the officer on the scene indicated she should be charged with leaving the scene of an accident.

In his decision, Murray said the police knew,or should have known, that O'Dea could be facing "some serious legal difficulties."

Had O'Dea been cautioned sooner, he saidshe might have chosen to remain silent or speak to a lawyer.