Negligent foreman released pending appeal
Jason Andrew King, 46, of Central Hainesville, challenging conviction for criminal negligence causing death of teenage worker at Fredericton construction site in 2018
An Upper Hainesville man convicted of criminal negligence causing the death of a teenage worker under his supervision five years ago has been released from prison pending his appeal.
Jason Andrew King, 46, of Central Hainesville Road, was charged with criminal negligence in the wake of the Aug. 16, 2018, death of Michael Anthony Henderson.
Henderson, who was 18 years old at the time, was working for Springhill Construction Ltd. at the City of Fredericton’s Barker Street Wastewater Treatment Plant, clearing debris at the bottom of an eight-foot hole.
While he was in the hole, a pneumatic plug gave way, pinning him to the side of the hole as it filled quickly with water. He drowned.
King was the jobsite foreman, and Court of King’s Bench Justice Thomas Christie found him guilty after trial, finding King blatantly disregarded his duty to ensure the safety of the workers under his supervision.
Fredericton lawyer Patrick Hurley, who represented King at trial, filed a notice of appeal with the New Brunswick Court of Appeal last month, seeking to overturn the conviction.
He also applied for King’s release from incarceration pending the outcome of the appeal, as Christie had imposed a prison term of three years for the offence.
The matter had been scheduled for a hearing Monday, but the Court of Appeal file shows that the provincial Office of the Attorney General consented to King’s release on a number of conditions.
The order - dated Oct. 6 - requires King to be of good behaviour, abstain from alcohol and non-prescribed drugs, to wear an ankle monitoring bracelet, report by telephone to the Fredericton Police Force every Monday and to appear in appeal court as required.
King is also required to remain under house arrest at his home except for work, medical appointments, emergencies and Saturdays between 2 and 5 p.m. to attend to personal business.
He must also present himself at the door of his residence whenever authorities stop by to check that he’s complying with his conditions.
No date has been set as yet for his appeal to be heard
At trial earlier this year, King testified he hadn’t reviewed any of the safety protocols, procedures or guidelines contained in manuals on site, noting he wasn’t much of a reader.
Christie also found King recklessly ordered water flow into the pipe leading into the hole knowing that Henderson could be in that space at the time, and that his plan should something go awry was just to pull someone in distress from the hole, something the judge said was woefully inadequate.
Springhill Construction was also charged with criminal negligence causing Henderson’s death, and it had been scheduled to stand trial in the Court of King’s Bench as well in January.
However, earlier this month, counsel for the company filed a notice of re-election of mode of trial, opting to take the case back to provincial court, though a date for its plea in the lower level of court has to be set.
Don MacPherson can be contacted at ftonindependent@gmail.com.