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Former Leaf Captain Released On Appeal After Being Sentenced To Four Years In Jail
01/17/2008 | CityNews.ca Staff
The judge presiding over Rob Ramage's drunk driving case slapped the former Maple Leafs captain with a four year prison sentence on Thursday, noting that the jail term would send a strong message of deterrence to the public. But Ramage walked out of the Newmarket courthouse a free man, after his lawyer, Brian Greenspan, issued an immediate appeal.
"It's our view that the four years reflects an error in principle and it's harsh and excessive and ought not...have been imposed," Greenspan said.
Ramage, 48, was behind the wheel of a car that collided with an SUV in Woodbridge four years ago. Police found him disoriented and smelling of booze. His passenger, best friend and fellow NHL colleague Keith Magnuson, 56, was killed in the crash.
Testimony during the trial revealed that Ramage had up to 4 times the legal levels of alcohol in his blood. Despite that evidence, none of the hundreds of people at an earlier reception could say he had a single drink and the defence claimed blood and urine tests were flawed and that any smell of beer came from cans that exploded in the accident.
Judge Alexander Sosna wasn't persuaded, noting that while the former Leaf captain was a good person who meant well, his role in the ex-Chicago Blackhawk's death could not be ignored. Ramage was also banned from driving from five years.
His lawyers filed an instant appeal on both the conviction and the sentence, and made arrangements for his immediate release. It came just after 2:30pm. Ramage said nothing as he strolled from the courthouse and into a waiting car.
The appeal claims the judge 'usurped' the role of the jury by giving his opinion and misstated critical evidence during the trial. It also insists he was in error when he admitted evidence of the alcohol concentration of urine samples, which were seized without a warrant and without full consent.
But Ramage's freedom comes with a price. His lawyers have managed to obtain special permission for him to return to the U.S. - but he won't be able to live anywhere else while the next phase of this case moves through the courts.
"Ramage will be permitted re-entry pending the determination of his appeal and will be able to reside and work in St. Louis," explains Greenspan. "The release that has been arranged calls for his residence to be in St. Louis."
Ramage has repeatedly apologized for his role in the death of his friend, noting he will have to live with the consequences of his actions for the rest of his life. "I can only imagine what a loving husband and father he was (and) by the grace of God, I stand here today," he told the court.
Sosna was equally saddened by the tragic circumstances, calling the hockey veteran "an exemplary citizen" but adding, "the death of Mr. Magnuson is not only tragic but senseless." The crash is the hallmark "of too many events happening too many times by too many people," he concludes.
Former Leaf teammate Mark Osborne admits he's surprised at the severity of the sentence and echoes those who praise Ramage. "You talk about character. You talk about integrity and honesty and all the things. You hope your kids grow up to be a guy like Rob Ramage."
This story also contains an odd twist rarely seen in the case of a drunk driving conviction that leads to someone's death. The victim's family had requested community service for the fallen hockey star. They didn't want to see him serve even a day in jail.
Ramage's Convictions
Impaired Driving Causing Death: 4 years
Dangerous Driving Causing Death: 2 years
Impaired Driving Causing Bodily Harm: 4 years
Dangerous Driving Causing Boldly Harm: 2 years
Ramages's Sentence
4 years concurrent
5 year driving ban
Bail Conditions
Can't drink alcohol
Can't drive for 5 years
Must reside in St. Louis residence.
From The Archives
Former Leafs Captain Stands Trial In Blackhawk Keith Magnuson's Death
Former Leafs Captain Bought Alcohol Before Crash That Killed Blackhawk Keith Magnuson
Ramage Guilty On All Charges In Drunk Driving Crash
Ramage Jury Delays Deliberations
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