Six-year-old hit by drunk driver, dies in hospital

  • by: Debby Carter
  • recipient: Judge Brian D. Williston, Provincial Court, Sydney, Nova Scotia, Canada
A six year old boy, Joshua Penny, dies at the hand of a drunk driver as terrified brother and several witnesses, including other children, watched helplessly.

The driver of the vehicle, a Mr. Paddy Brogan, 57, who is from neighboring Little Pond, is to appear in provincial court in Sydney, NS, on December 5th for a formal arraignment. Charges ONLY include impaired driving and failing the breathalyser.
As of late Friday, October 6th, 2006, there were no additional charges filed.

Don't let this man get away with murder!

**Please read the full petition below all of the signatures.

Additional information may be found at the following sites:

http://www.herald.ns.ca/NovaScotia/531528.html

http://www.thechronicleherald.ca/Front/531273.html

http://thechronicleherald.ca/Search/532849.html

Click here: Maple Leafs Forum - Joshua Penny

Please be sure to leave a comment to Judge Brian D. Williston, to help him make a decision in this case.

It would also be great if you didn't sign as "anonymous". Just a thought; doesn't really have the same impact.

update: 10/11/06: Thank you to Kim Perry, an aunt of Joshua, for signing this petition and posting his photo. See signature number 340. Click on the thumbnail photo to enlarge it.

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Update: 10/12/06: Wow, the petition is only four days old and we're already half way to the targeted amount of signatures!

Thank you *so* much to everyone who has signed or is about to. Please take a moment and read the comments attached to the signatures. I personally read each and every one of them every morning and night.

Another one of Joshua's aunt's signed today (post number 493, Mary Jane Donovan - thank you!), as well as someone who knew Paddy Brogan (post number 494) and at exactly our halfway mark of 500, a very touching comment by a "friend of Joshy". Please read them.

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Update: 10/13/06:
Wow, 100+ additional signatures in a little over 14 hours! When I left my house this morning around 9:00 AM, there were 541 signatures. It's now 11:28 PM EDT and we're at 643 signed!

Please take a moment and read a few more posts by family members:
 
Number 577, by Joshua's grandmother, Wilhena Boutilier.

Number 610, by Joshua's cousin, Zachary Penny.

And finally, number 607, by Joshua's mother, Norma Penny.

Norma, I am honored that you have taken the time to sign this, with all that you are going through. I am praying for your family.

I also got an email today from a member of the Cape Brenton chapter of MADD telling me that their administrative assistant passed my email to them about the petition to all of their members. A big thank you, Michelle for doing that and to Karen for letting me know. :-)

To read additional comments and wishes for the family, please visit http://www.care2.com/c2c/share/detail/194996

I'll continue the updates as I get more information.

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UPDATE: 10/16/06:
Wow, to say I'm floored is an understatement. I was *hoping* for 1,000 signatures by November 28th. Here it is, one week after the petition started and we passed the 1,000th signature this morning! This is phenominal!

Some notable signatures/comments that you should check out: numbers 539, 573, , 739, 799, 992 and 941.

I have received emails on suggestions of other officials to send this to and I plan on mailing a copy of the petition to them as well. Thank you to everyone who wrote me or left messages on the tml forum listed above in the links!

8:21 PM: Wow, 1,112 signatures. That's over a hundred more since I checked this morning! A couple more interesting comments posted tonight... Numbers 1053 and 1108.

Request: 10/17/06:
8:38 AM EDT
Recently, I've been getting emails from people letting me know that they've been passing this petition link onto other influential members of the judicial and law enforcement community, as well as other media sources. First of all, THANK YOU to all that have done this! You are true angels on Earth. If you are preparing to sign this petition, or just checking the signature comments since you've signed, please email me (link at bottom of page) and let me know how you originally found out about this petition? We started out with mostly USA signatures, then signatures started trickling in from around the world, and most recently almost every signature has been Canadian, especially from the Sydney area. I'm hoping that some of the media that I contacted actually did get the word out. If this is so, I'd like to send them a personal "Thank you" email. Also, if you have any information of anyone else that would have an influential voice in this case, please pass that along to me, too. I'd really appreciate if you'd help me out with this. Thanks again!

For anyone who knows Norma Penny personally, if she'd like a hard copy of this petition when it is completed, I'd be more than happy to send it to her. Please pass my offer along to her.

Notable comments this morning: numbers 1145, 1150 and 1155.

11:27 PM:
I received an email from a friend tonight. Just thought that Judge Williston might want to take a gander at this website:

http://articles.news.aol.com/news/_a/man-convicted-in-flower-girl-murder/20061003211909990001?ncid=NWS00010000000001

An actual charge of "Murder" was brought against this man. Not DUI vehicular manslaughter... murder. Food for thought.

Thank you to Joshua's great-grandmother for posting this evening. (see number 1256, Kathleen Boutilier)

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UPDATE 10/19/06:
A big thank you to everyone that has been forwarding this to their friends, family and government contacts! I wish I could give each of you a hug!

Notable comments left in the past couple of days: Numbers 1287, 1298 and 1400. Check them out.

9:21 PM EDT:
Thank you to another of Joshua's aunts, Tammy Penny, for signing tonight and leaving a beautiful photo of him. See post number 1443 and click on the thumbnail photo to enlarge it.

10:04 PM:
I was just emailed this link. It's a slideshow of Joshua, made by his aunt and uncle. Watch it: http://video.google.ca/videoplay?docid=-9033725277832452264

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UPDATE: 10/21/06:
I received an email today from someone who was being told by people that "online petitions don't work". I want to address this issue.

Just so you all know, I am actually printing the petition off and mailing it to the judge (real mail, not email), as well as others in the judicial system that have been recommended to me by signers. It's an "online petition" until the end of November, because that's how it'll reach the largest amount of people, but come November 28th, it will become a hard copy petition and be overnighted to the judge, at my expense.

One of my favorite quotes comes to mind when I think of how quickly this petition has taken off...

"Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current that can sweep down the mightiest walls of oppression and resistance."
-- Robert F. Kennedy

That about sums up my sentiments on this petition.

I had to do something yesterday that I didn't think I'd have to do. I got my first "official complaint" routed to me through ThePetitionSite regarding a comment left by a signer. The comment suggested that someone run over Mr. Brogan with a car and let him die a horrible death. I don't know how I missed it, but it has been removed.

I've noticed a lot of "an eye for an eye" posts. Please remember that this petition is not intended to incite a vigilante group. Violence of any kind will not bring Joshua back. In fact, just my opinion, but I see that as sinking to Mr. Brogan's level. This petition was started to assist the judge in making his legal decision, by viewing comments made from not only Canadians, but from people all over the world who will continue to watch this case.

Thank you for taking this into consideration before posting your comment.

Notable comments today: Numbers 1531 and especially 1534.

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UPDATE: 10/23/06:
Wow. I received two email notifications today about two heartless comments against the Penny family posted on this petition. I can't really describe what I'm feeling about the posts... disgust, anger, pity - I'm not sure what it is. Thank you to the two people who alerted me to these posts. Any subsequent posts bashing the Penny family will be deleted from the petition, as these two were.

Also, thank you to the person who posted the comment about who will be judging this case. I am currently researching, with the aid of my wonderful new Canadian pals at the Maple Leafs forum (link above - go check out the banner they made for Joshua at their forum!) who will be hearing this case. Once I find out for sure, it will be changed.

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UPDATE: 10/27/06:
I know I haven't left any updates in a few days, sorry about that. I just logged on and saw the post from number 1711, Leann MacInnis, about contacting the CBC. I did contact their national offices when I first started the petition. Coincidentally, I received an email from a reporter with them a few days ago and we finally got to speak on the phone last night. She was so nice, very helpful and very interested in this petition and all of the comments left on it. She said she heard about it from another reporter who did a story on it on Global Maritimes TV and passed it along to her. I have a "live" interview scheduled with Ian McNeill, on his show "Information Morning", in about thirty minutes on the CBC. They are taping it live, editing it and it will be played on the next show, which I am assuming will be Monday. If you're in the Cape Brenton area, listen for it. I'm not sure if they are going to make it available as a podcast for others to hear, but I will ask.

Hopefully, there will be a LOT more signatures and comments after the show airs.

:-)

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UPDATE: 10/30/06:
The radio interview is supposed to air on Tuesday morning, October 31st on "Information Morning" on the CBC. You can find the details of how to listen to it by looking at my blog on www.myspace.com/declijas and clicking on the "view more" link at the blog entitled "The interview". It is supposed to be available after it's done on podcast as well.

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UPDATE: 10/31/06:
Amazing update, in case you haven't already heard... 

Read this:
Thank you again to everyone who signed this!

UPDATE: 11/09/06:
Because of the ever-growing list of names I've been given of people to send this to, I've decided to close the petition ten days earlier than I had originally planned. So, instead of the petition ending on November 28th, it will now end on November 18th. We're well over my goal of 1,000 signatures, but if we make it to 2,000 by the 18th, that would be incredible. So, remember to pass this along to all of your friends, relatives and groups after signing it.

UPDATE: 11/17/06: Well, tomorrow is the last day for the official signatures to this petition. It gets printed off Saturday night, then taken to a copy center to make numerous copies for all of the officials that have been suggested to me. And thank you to signer #1913, p. macleod, for calling the Justice Center and getting the correct judge's name. I appreciate that. :)

UPDATE: 12/05/06: Today is the court date for Mr. Brogan. Petitions were mailed out Priority Air in November, to six influential officials - everyone from the hearing Judge to your Prime Minister as well as a requested copy to Joshua's Mother.

If anyone was at the courthouse or has any information regarding what transpired there, could you please email me at the email link at the end of the petition? Thanks so much!

UPDATE 5:59 PM EST:
I guess it pays to have connections:

http://www.herald.ns.ca/Search/9002102.html

Man accused in death of C.B. boy needs lawyer

By The Canadian Press

SYDNEY-- A Cape Breton man accused of striking and killing a six-year-old boy with his car was back in court today. Paddy Brogan, 57, of Florence is facing three charges, including criminal negligence causing death and impaired driving causing death.


Joshua Penny was struck as he rode his bike on a sidewalk in September.


He died in a Halifax hospital on Oct. 6.


Brogan asked the court today for more time to get a lawyer.


The case was adjourned until early in the new year.


Unbelievable.
====================

Thank you to everyone that has signed or is about to! I hope our combined comments will make a difference in this case.
We, the undersigned, call on Judge Brian D. Williston to prosecute Paddy Brogan, to the full extent of the law for the following crime:

Joshua Penny, only six years old, was riding his bike home alongside his older brother, when he was hit by a drunken driver, suffering critical head injuries, numerous fractures, internal injuries and several broken bones, as his horrified eight year old brother and other wittnesses watched helplessly. His brother, Michael, has been severly traumatized by the event.

Joshua was airlifted to the IWK Health Centre in Halifax on Wednesday night, September 27th.

Joshua Penny passed away at the IWK Health Centre in Halifax at about noon Friday, nine days after he was struck as he bicycled on the sidewalk near his home in Florence, about five kilometres northwest of Sydney Mines.

The driver of the vehicle, Paddy Brogan, 57, was released on conditions and a promise to appear Dec. 5 for formal arraignment in Sydney provincial court. He is a member of a prominent Cape Breton family. His brothers are Mike Brogan, a former North Sydney municipal councillor, and Sydney lawyer Nash Brogan.

No additional charges were brought againt him as of Friday, October 6th.

Please don't let this man get away with murder because of his connections in the community!

Sign this petition and pass the link on to everyone you know. This is time sensitive, as the arrainment is on December 5th, 2006.

Please feel free to add your comments to Judge Brian D. Williston, to help get this man in jail where he belongs.

Thank you so much for taking the time to sign this important petition and pass it along to your friends. It was brought to my attention by a friend of the family.

If you are so inclined, you can also write or call Judge Brian D. Williston at:

Sydney Justice Centre
Harbour Place, 136 Charlotte Street
Sydney, Nova Scotia, Canada, B1P 1C5
TEL: (902) 563-3464
FAX: (902) 563-3421

His superior is Chief Judge Patrick Curran, who can be reached at:

The Honourable Judge Patrick Curran
Chief Judge of the Provincial Court
c/o Assistant of the Chief Judge
Nova Scotia Provincial Court
5250 Spring Garden Road
Halifax, Nova Scotia
B3J 1E7
http://www.courts.ns.ca
902-424-3690

Thank you!





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