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Heatley indicted on vehicular homicide

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Associated Press
7/16/2004 2:28:39 PM
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ATLANTA (AP-CP) - Star winger Dany Heatley of the NHL's Atlanta Thrashers was indicted Friday on vehicular homicide and five other charges for the 2003 car wreck that killed his teammate and friend Dan Snyder.

If convicted on all counts, the Calgary native faces up to 20 years in prison and fines totalling $5,000 US.

The charges came on the same day former St. Louis Blues winger Mike Danton pleaded guilty to a murder-for-hire plot, adding up to a forgettable day for the NHL.

Heatley, 23, was driving his black 2002 Ferrari convertible at a high rate of speed when it ran into a brick pillar and iron fence outside a condominium in the city's Buckhead area on Sept. 29.

Snyder, a 25-year-old from Elmira, Ont., was the passenger.

The road's speed limit was 56 km/h. Fulton County District Attorney Paul Howard estimated Heatley's car was travelling between 100 and 130 km/h. He would not be more specific.

``Citizens must be held accountable when they ignore traffic laws, which are there to protect and safeguard all of us,'' Howard said as he announced the grand jury indictment.

``All of us have driven too fast at one time or another, but this case involves extreme speed in relationship to this curving, well-travelled road in a residential area.''

Heatley is charged with first-degree vehicular homicide, second-degree vehicular homicide, reckless driving, driving too fast for conditions, failure to maintain a lane and speeding.

Heatley's lawyer, Ed Garland, said his client was involved in a horrible accident, but that the case does not justify a homicide charge.

``We don't want any sentence that would put him in jail, destroy his career, or have him deported from the United States,'' he said Friday.

Garland said the defence wants a chance to determine if the car Heatley drove had any mechanical defects because he said Ferraris are often unstable vehicles. He added that Heatley did not remember the details of the accident due to a concussion he sustained.

Howard said he would be amenable to a plea agreement, and Garland said while the two have not had ``formal'' discussions about a deal, the two have been talking. Howard did not say what he would consider an appropriate sentence.

There is no mandatory prison sentence for these crimes, giving the judge considerable discretion, Howard said. A sentence of probation is one option for the judge, he added.

A preliminary hearing would be set later, Howard said. And Howard said he would not seek to have Heatley held in jail.

Heatley broke his jaw and tore two ligaments in his knee in the crash. Snyder died a few days later from head injuries. Authorities said Heatley had consumed some alcohol, but was not intoxicated at the time of the wreck.

``This is clearly a tragic example for everyone, especially our young people, on how horrible the consequences can be for an innocent victim when a driver chooses to ignore common-sense safety rules,'' Howard said.

Heatley was in his hometown of Calgary on Friday and unavailable for comment. His agent, Stacey McAlpine, told the Globe and Mail that Heatley was ``trying to maintain a positive attitude as best he can.''

Snyder's father Graham said that he and his family support Heatley.

``We're supportive of him. We have been all along,'' Graham Snyder told the Waterloo Region Record on Friday.

Heatley spent time with the Snyders just a few days ago when he was in Elmira to attend the Dan Snyder Memorial Golf tournament.

``He was here just a few days ago. His whole family was here. We had a good visit, a nice visit,'' Graham Snyder said. ``It's been hard. Right now we're trying to get back to some kind of normal existence. We're dealing with it.''

The family released a statement earlier in the day: ``Our feelings have never changed and we continue to support Dany and the entire Heatley family,'' the statement read. ``Despite our personal feelings in this matter, we respect the responsibility of the district attorney's office and the legal process.''

Heatley is slated to play for Canada in the Aug. 30-Sept. 14 World Cup of Hockey. Training camp starts Aug. 20 in Ottawa.

Thrashers general manager Don Waddell still plans on Heatley joining the team in training camp in September.

``Throughout the process, we felt that, and continue to feel that, the end result will show that this was truly an accident, and Dany will be ready to play,'' Waddell said Friday.

McAlpine said Heatley has been working out seven days a week to be ready for the World Cup.

``He can't wait to play for his country,'' she said. ``I fully expect him to be in Team Canada's lineup.''

After missing over half of the season recovering from his injuries, Heatley returned to the Thrashers in January and then led Canada to a world hockey championship gold medal in Prague in May.

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