TORONTO - A former attorney general once considered to be a top contender for Ontario premier received a political reprieve Tuesday after criminal charges stemming from his fatal encounter with a bike courier were withdrawn.
While he remained tight-lipped about his future, Michael Bryant has been spared the ordeal of a lengthy trial on charges of criminal negligence causing death and dangerous driving.
An independent prosecutor determined there was little chance of conviction.
"To be honest, I haven't really thought about much other than getting through this experience one day at a time," Bryant said at a news conference convened after court.
"And I don't know what the future holds. I do know that I've got some legal bills to pay and that I will be going back to work."
The charges were laid last September following the death of Darcy Allan Sheppard, 33, after a late-night altercation with Bryant in Toronto's tony Yorkville district. But in a rare show of co-operation between the defence and prosecution, new evidence was uncovered that made a conviction unlikely.
Sheppard had a history of aggressive behaviour with drivers, including one alleged incident that happened just a few hours before his death, court heard. He also had about twice the legal limit of alcohol in his blood, according to a post-mortem toxicology report.
Earlier that night, the Alberta native and father of four showed up intoxicated at his girlfriend's home, but police allowed him to ride off on his bike, said independent prosecutor Richard Peck.
"Our conclusion is that Mr. Bryant had been attacked by a man who unfortunately was in a rage," he said outside court.
"In such circumstances he was legally justified in attempting to get away. The case could not be proved."
Bryant and his wife, lawyer Susan Abramovitch, were on their way home from celebrating their 12th anniversary that night.
After a low-key dinner at a Lebanese restaurant, a walk on the beach and dessert at a Greek bakery to satisfy his wife's sweet tooth, the couple decided to forgo a trip to the bookstore and head straight home to their two children.
Sheppard, a troubled man with alcohol and drug problems, latched onto Bryant's vehicle after an angry encounter with the former politician, causing him to panic, Peck said.
The two struggled for control of the vehicle and Bryant's car swerved into the oncoming lane. Caught by a fire hydrant, Sheppard fell, hit his head and died.
Bryant drove around the corner to a nearby hotel, where he called 911 about three minutes after the incident.
The encounter with Sheppard lasted just 28 seconds, but changed his life forever, Bryant said.
"I was terrified. Panicked," he said.
"I wondered how Susan and I were suddenly in this situation. And all of a sudden, it changed. It just happened very quickly."
Sheppard's father, who was brought in by the prosecution from Edmonton, said while he wasn't happy with the result, "I don't know what would have made me happy."
"The people who made the decisions, they heard me, they listened to me, they talked to me with great respect," Allan Sheppard, Sr., said outside court. "They reached a decision that I'll accept."
But Sheppard's girlfriend and members of the city's cycling community were dismayed by the outcome.
"I think drivers, pedestrians and cyclists all will be frustrated with this," said Yvonne Bambrick, executive director of the Toronto Cyclists Union.
"Cyclists get a $110 ticket for not having a bell. A cyclist in this case was killed by a driver who made a wrong decision and there's no repercussion whatsoever. That just doesn't seem to make much sense or seem fair."
A group of cyclists held a vigil at the scene of the altercation late Tuesday afternoon.
Born in Alberta, Sheppard was the eldest of nine children and was taken by authorities when he was two years old. He and his brother were shuttled between some 30 foster homes between the ages of three and six -- and were mistreated, Peck said.
Sheppard had fetal alcohol syndrome and attention-deficit disorder, but neither condition was diagnosed, Peck added. He was eventually adopted at age 6, but his past seemed to haunt him throughout his life.
His adopted family described him as intelligent, resourceful and persuasive, but deeply scarred by his childhood. He had used crack cocaine and abused alcohol, the court heard. Sheppard also had prior criminal convictions for assault and uttering a threat.
Bryant's arrest prompted questions about whether a man who once appointed judges and oversaw Crown prosecutors in the province would receive special treatment by the justice system.
Those questions will continue to swirl because the decision to drop the charges wasn't made by a judge or jury, said NDP justice critic Peter Kormos.
"There's going to be a dark cloud over this case for many years to come," he said.
"Neither Mr. Sheppard got justice, nor -- what many would argue -- did Mr. Bryant. None of the evidence was put to a court."
As Ontario's youngest attorney general, Bryant grabbed headlines by launching a public crusade to ban pit bulls in 2004 and crushing cars in a dramatic display of the province's crackdown on speeders.
When he was shuffled to aboriginal affairs after the 2007 provincial election, Bryant took on the job with gusto, tackling the recommendations of the Ipperwash inquiry and brokering a $2-billion agreement with First Nations over gaming revenues.
He moved to economic development, where he was the province's point man in negotiations to save Ontario's ailing auto industry with a multibillion-dollar bailout.
After announcing his departure from politics in May 2009, many believed it wouldn't be long before Bryant made a comeback and took his long-awaited run at the top job.
But if Bryant harbours any political ambitions, he didn't disclose them Tuesday.
While he can never forget the "unnecessary tragedy" of that fateful night, the Harvard-educated lawyer said he's now seen the justice system from all angles.
"I now have a unique perspective, from its highest pedestal as attorney general to its pillory -- a defendant cuffed in the back of a squad car, accused of two very serious offences involving the tragic death of a man."
