An Edmonton man accused of killing a Good Samaritan in a 2012 hit and run on the Anthony Henday has been acquitted as a result of the city police violating his rights.

Kieran Porter, 37, was accused of careless driving and failing to remain at the scene of an accident for a June 13, 2012, collision that took the life of Andrew Green, 46.

Porter later admitted to an insurance adjuster that he was the driver involved – claiming that he had felt a bump while reaching down to pick up a dropped cigarette and thought he had hit a construction sign – and his 2008 Porsche Cayenne, seized by police, had obvious damage and forensic evidence linking it to the deadly collision.

However, a judge ruled the Porsche and insurance statements were “seized without lawful authority” and therefore excluded them as evidence in the trial, which left the Crown with no ability to prove Porter was the driver.

“The Crown has no evidence that Mr. Porter was the driver that struck Mr. Green,” said Court of Queen’s Bench Justice Donna Shelley before telling Porter she was finding him not guilty of both charges. Shelley then offered Green’s family her “condolences” on their loss.

In a lengthy written decision, Shelley categorized the breach of Porter’s Charter rights against self-incrimination by police as “serious” and said she found their conduct in the investigation to be “problematic.”

Court heard police became aware Porter was involved in the fatal hit and run when a lawyer advised he had a client who needed to make an accident report under the Traffic Safety Act (TSA) regarding the Henday collision.

The report by Porter was required by law, but the statement could not be used against him in a prosecution.

The police also interviewed Porter, but he refused to say anything on the advice of his lawyer.

Police then sought a search warrant to seize the Porsche, which the lawyer told them was at Porter’s home.

Shelley ruled the police knew the TSA statement was inadmissible at trial, but proceeded to rely on it to obtain the search warrant as if Porter had repeated the information in the subsequent interview.

Court heard Porter also contacted his insurance company and made statements regarding his involvement and police later got a warrant to seize the statements.

“In sum, evidence which the police knew was inadmissible at trial was deliberately used in support of the authorizations, and the authorizing judge was not advised of this fact,” said Shelley.

According to agreed facts, Viola Arcand and Daniel Christensen were going south on the Anthony Henday about 11 p.m. on June 13, 2012, when their rear tire began to fall off their Dodge Spirit and they pulled onto the shoulder near the 62 Avenue overpass and put on the vehicle’s hazard lights.

Shortly after, Green pulled over in his Dodge Neon and parked three car lengths ahead of the Spirit, approached the pair and offered to help them with the flat tire.

Then, as the three of them stood by the driver’s side of the Spirit and discussed the tire, Green was struck by a passing vehicle that did not stop. He was killed instantly.

Court also heard the collision happened after Porter – director of operations for Igloo Building Supplies – had left a business dinner at Joey’s Restaurant at Mayfield Common with a supplier where several other employees said he had drank at least two pints of beer.

One former employee testified Porter had threatened her later as a result of a police statement she made.

Tara Lynn White told court she was called into Porter’s office for a job review and, once it was done, he told her they were going to have an “off the record” conversation.

“He said he didn’t like what I had said in my police statement and told me if anything happened to him or his family that, no matter how long it took, he would get his revenge,” said White.

She also testified Porter told her “he had a good lawyer who was going to rip me apart on the stand.”​