Sentencing decision in Lunenburg County manslaughter case delayed until Nov. 3

A Nova Scotia Supreme Court judge was not ready to give his sentencing decision Wednesday for a Lunenburg County man who struck and killed his girlfriend’s former partner with his pickup truck in a jealous rage in June 2021.

Terry Richard Johnson, 60, of Bayport was charged with second-degree murder in the death of Kenneth Savory but pleaded guilty this August to the lesser offence of manslaughter.

Associate Chief Justice Patrick Duncan heard sentencing submissions Oct. 4 but reserved his decision.

Crown attorneys Leigh-Ann Bryson and Bryson McDonald asked for 12 years in prison for Johnson, followed by a 10-year driving prohibition.

Defence lawyer Darren MacLeod, who argued the killing was closer to an accident than to a murder, recommended a sentence of four to five years in custody.

On Wednesday, when Johnson appeared in Supreme Court in Bridgewater via a video link from jail, Duncan apologized for having to reschedule his decision.

“A scheduling conflict came up that I couldn’t have anticipated when we first set this (date),” the judge said.

Duncan will now give his decision Nov. 3. Johnson will appear in court in person that day.

Agreed facts

According to an agreed statement of facts read into the record by McDonald on Oct. 4, Johnson suspected his girlfriend of two years, Angela Bailey, who also worked with his lawn-care company, was having an affair.

On the evening of June 17, 2021, after returning to Johnson’s home after work, Bailey told him she was going to her own residence to have a shower and get some supplies.

Bailey left her two younger children in Johnson’s care and departed his residence in a minivan that was equipped with a GPS and was registered to his company.

After stopping at her own home, Bailey took the ferry across the LaHave River and went to Savory’s home in Dublin Shore. 

“Kenneth Savory was the former partner of Ms. Bailey and the father of her two older children,” said the statement of facts. 

“Suspecting that Ms. Bailey was having an affair, Mr. Johnson left his home in Bayport . . . in a Chevrolet Silverado truck, crossed the LaHave River by ferry, and proceeded to the residence of Kenneth Savory.” 

When Johnson got there at about 10:30 p.m., Bailey left Savory’s home and they argued outside. The statement said neighbours “predominantly” heard Bailey shouting at Johnson.

“Mr. Johnson backed down the driveway,” said the statement. “Ms. Bailey, standing in the middle of the driveway, yelled at Mr. Johnson to ‘hit me, hit me.’” 

Johnson sped back up the driveway, swerved away from Bailey and drove toward Savory, who had come outside holding a two-by-four in an upright position like it was a baseball bat, the court was told.

“Terry Johnson unintentionally struck Mr. Savory in the front of his torso with the front end of his truck, with the momentum holding Mr. Savory on the front of the vehicle.” 

Johnson’s truck clipped the front of Savory’s Toyota Celica. 

Johnson stopped his truck in a dip in the grass past the driveway, said the statement. 

“Mr. Johnson did not exit his vehicle or check where Mr. Savory was. Mr. Johnson was stuck and drove his vehicle back and forth to free it, driving over the body of Mr. Savory two additional times.”

Johnson didn’t initially realize Savory was under his truck, the statement said.
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“As he drove over the body of Mr. Savory, Ms. Bailey struck his window with her hand shouting that Mr. Savory was under the truck.” 

No pulse

Neighbours rushed to help Savory, but he wasn’t breathing and had no pulse, said the statement. Savory, 44, died from blunt-force trauma to the chest.

Before he left the scene, Johnson yelled for Bailey to take Savory to the hospital.

Johnson was arrested at his home on Highway 332 a short time later and has remained in custody. He was denied bail twice in Supreme Court.

Given an opportunity to address the court Oct. 4, Johnson offered “extreme, sincere apologies” to Savory’s family members and accepted responsibility for his “inappropriate” actions.

He said he was driving “way too fast” that night.

“I know that nothing will ever erase the pain and the suffering and the loss from that tragic evening.” Johnson said.

He promised to “never let anything remotely close to that ever happen again.”