Calgary

Crown argues adult sentence appropriate for 'selfish' driver who killed Calgary police officer

The 'selfish' driver who killed a Calgary police officer when he fled a traffic stop was 11 days away from his 18th birthday and should face an adult sentence, the prosecution has argued on Day 1 of the young man's sentencing hearing.

Driver convicted of manslaughter in death of Sgt. Andrew Harnett at a traffic stop

A police officer wearing his dress uniform stands in front of a brick wall.
Sgt. Andrew Harnett was dragged for 400 metres before he fell from a fleeing SUV. Two men were convicted of manslaughter in his death. (Strathmore Legion/Facebook)

The "selfish" driver who killed a Calgary police officer when he fled a traffic stop on New Year's Eve 2020 was 11 days away from his 18th birthday and should face an 11 to 13-year adult sentence, the prosecution has argued on Day 1 of the young man's sentencing hearing. 

Sgt. Andrew Harnett, 37, was expecting his first child with his partner when he was dragged by the fleeing SUV and flung into oncoming traffic. 

Amir Abdulrahman, who was a passenger in the SUV at the time, pleaded guilty to manslaughter and was handed a five-year sentence in January 2022.

The driver, who was 17 years old at the time, was found guilty of manslaughter. Because of his age then, he cannot be named under the Youth Criminal Justice Act unless he is sentenced as an adult.

Teen had own apartment

That application was made Wednesday by prosecutor Mike Ewenson, who asked the judge to sentence the young man — who was less than two weeks away from his 18th birthday at the time of Harnett's death — as an adult. 

If successful, the now 20-year-old man will be identified.

"If this offence had occurred just 11 days later … this discussion wouldn't be happening," said Ewenson. 

"He may have already been planning his 18th birthday party."

Ewenson pointed out that the then-17-year-old had rented an apartment, had a girlfriend, a job, a vehicle and his own mechanic. He was living as an adult, argued the prosecutor.

When he took off from the traffic stop, the driver made a "selfish and strategic desire to escape jeopardy from whatever he was up to that night," argued Ewenson.

The sentencing hearing will continue on Thursday with five victim impact statements from Harnett's widow, mother, brothers and a close friend. On Friday, defence lawyer Zachary Al-Khatib will argue his client should be sentenced as a youth. 

Court of King's Bench Justice Anna Loparco will make her ruling on that part of the hearing on May 10. 

Further submissions from the defence on the length of sentence are expected after that decision.

Harnett dragged 400 metres

Originally charged with first-degree murder, the driver was convicted of the lesser offence of manslaughter last November.

Harnett's family said at the time that the decision left them feeling "gutted" and "stunned."

The night of the officer's death, Harnett pulled over the Infinity SUV because its lights weren't on.

In the course of his investigation, Harnett discovered Abdulrahman was wanted on outstanding warrants. 

By then, backup had arrived and the three officers were in the process of arresting Abdulrahman when the driver took off with Harnett clinging to the driver's side door. 

He was dragged about 400 metres with the SUV reaching speeds of 100 km/h before the officer lost his grip. He fell into the oncoming lane on Falconridge Boulevard, where he was struck by a car.

ABOUT THE AUTHOR

Meghan Grant

CBC Calgary crime reporter

Meghan Grant is a justice affairs reporter. She has been covering courts, crime and stories of police accountability in southern Alberta for more than a decade. Send Meghan a story tip at meghan.grant@cbc.ca.