Motorcyclist Andrew Capadouca was rear-ended and pronounced dead on scene on the Island Hwy's northbound lanes south of Norwell Rd. on March 22, 2019. (File Photo/NanaimoNewsNOW)
heated emotions

Inattentive driver sentenced for fatal rear-end crash in Nanaimo

Nov 29, 2021 | 5:19 AM

NANAIMO — Andrew Capadouca’s wife kissed him and waved goodbye as he rode off on his motorcycle headed for lunch on a clear, warm afternoon in Nanaimo.

Minutes later the 73-year-old retiree was pronounced dead from a multi vehicle collision on the Island Hwy. near Norwell Dr. when a trailing motorist hit him from behind on March 22, 2019.

Capadouca was waiting for a red light when a car driven by Robert Alexandre Sullivan failed to brake in time.

“The police conducted an investigation and it was clear that Mr. Sullivan’s failure to exercise care to watch out for other persons using the highway was the cause of the collision,” provincial court Judge Brian Hutcheson said at the Friday, Nov 26 sentencing hearing.

The hearing began with Sullivan, now 78-years-old, pleading guilty to the Motor Vehicle Act offence of driving without due care and attention.

Judge Hutcheson accepted a joint sentence recommendation by handing Sullivan a $1,500 fine, $250 victim surcharge and a one year driving prohibition for the offence which is not a criminal charge.

Dash cam video played in court showed Sullivan’s Chevrolet Malibu proceeding on Bowen Rd. and then north on the Island Hwy. where he slammed into Capadouca and another vehicle.

A police investigation revealed Sullivan only applied the brakes a half second before impact. He was traveling slightly above the 70 kilometers an hour speed limit.

The retired teacher said on scene all he remembered was hearing a bang and his airbags deploying.

His car and Capdouca’s bike had no significant defects, court was told.

While substance impairment was not a factor, court was told Sullivan displayed symptoms consistent with Alzheimer’s disease at the time and has since been diagnosed with the condition.

Sullivan, a former Parksville resident, has no recollection of the crash, his lawyer told court.

“My client will never drive again. He’s given back his license,” defence counsel Paul Doroshenko told court via video feed.

He never reached out
The victim’s heartbroken widow expressed her immense pain to the court.

Carole Capadouca said she was disappointed that Sullivan or any of his family members failed to make an effort to apologize for what happened.

“I have thought of Mr. Sullivan and how tragic it must be to accidentally kill someone. Did he ever think of us? We never heard and he never reached out. I just want to say it would have meant something as we waited for the investigation and the court process.”

The retired nurse of 50 years said she and Andy should be enjoying the retirement they worked so hard for.

“Healing is very hard. I have hope to overcome this profound loss because without hope we have nothing.”

VIctim impact statements illuminated the immeasurable impact Andrew Capadouca’s death had. (submitted photo/Carole Capadouca)

Stepson Matthew Tait’s voice trembled with anger and sadness during his address conducted over the phone from Prince George.

So many lives were impacted by Andy’s death, Tait said.

“My mother was robbed of her soulmate and the wonderful future they had planned as a loving and active retired couple. My mom and Andy were magic together.”

Sullivan attended the sentencing hearing alongside his wife from the Lower Mainland where they now reside.

Sullivan briefly addressed the court.

“I’m very, very sorry about all of this Your Honour. I have nothing more to say.”

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