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In September 2021, Linda O'Leary, wife of Shark Tank star Kevin O'Leary, was acquitted of charges related to a fatal 2019 boat crash that killed two people and injured three. The charges accused her of careless operation of a vessel under the Canada Shipping Act.
The accident occurred on Lake Joseph, north of Toronto, when her boat collided with a larger vessel. Ontario court Judge Richard Humphrey ruled that prosecutors could not prove Linda O'Leary operated the boat carelessly, and found no evidence of alcohol involvement or excessive speed.
In the aftermath of the collision, the Shark Tank investor made a statement to the press expressing his condolences and commitment to cooperating with the investigation. He stated,
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"Out of respect for the victims' families and to fully support the ongoing investigation, I feel it is inappropriate to make further comments at this time."
O'Leary’s statement was made to PEOPLE magazine after the accident, which took place late on the night of August 24, 2019.
Shark Tank star Kevin O'Leary's wife acquitted in 2019 fatal boat crash: Details of the case and trial
The events of the fatal boat crash
The fatal boat crash occurred on Lake Joseph, an upscale Ontario vacation spot. Linda O'Leary was driving a Cobalt powerboat with her husband, Kevin, and another passenger, returning from a dinner party. The boat collided with a stationary larger vessel, a Super Air Nautique.
The crash resulted in the deaths of Gary Poltash, 64, from Florida, who died at the scene, and Suzanna Brito, 48, from Uxbridge, who died from her injuries days later.
At the time of the accident, the Shark Tank investor had been a passenger in the boat and was close to the incident. According to reports, O'Leary's boat went over the bow of the stationary Super Air Nautique.
The prosecution argued that the O'Leary vessel was speeding, while the defense countered that there was insufficient evidence to support claims of careless operation or excessive speed.
Court trial and legal proceedings
During the trial, the prosecution presented evidence suggesting that the O'Leary boat was operating at an excessive speed, as indicated by testimony from Kevin O'Leary himself.
The Shark Tank investor had stated that the boat was traveling at "planing" speed, which would cause the hull to lift out of the water.
The dock's surveillance footage also depicted the light of the O'Leary boat traveling across the water before the crash. The police estimated the boat to have a speed of 24 to 30 miles per hour.
However, defense attorney Brian Greenspan argued that no adequate evidence existed to determine carelessness on the part of Linda O'Leary.
He pointed out that the prosecution has not been able to, beyond a reasonable doubt, prove that O'Leary was speeding or drinking under the influence. Alcohol was not involved in this matter, and the case "has been misguided," said Greenspan.
Judge Richard Humphrey, who presided over the case, agreed with the defense and acquitted Linda O'Leary. He pointed out that prosecutors had not proven that the Shark Tank investor was operating the boat in a manner that lacked due care or attention, as required under the Canada Shipping Act.
Furthermore, the judge stated that the boat's speed could not be definitively determined and that alcohol had not contributed to the accident.
Aftermath and statements from Kevin O'Leary
In the aftermath of the crash, Kevin O'Leary expressed his deep sympathy for the victims and their families.
In a statement, he acknowledged the tragic nature of the incident and pledged full cooperation with the investigation. He said:
"I am fully cooperating with law enforcement in their investigation...My heartfelt prayers and condolences to the victims, the families, and those affected by this loss."
The O'Leary family’s involvement in the crash garnered significant media attention due to Kevin O'Leary’s celebrity status and his role on the reality TV show Shark Tank.
The legal proceedings were closely followed, with public interest spurred by the high-profile nature of the case.
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