Image Credit: TRU WolfPack

By Victor Kaisar

Charges Won't Be Upgraded

Prosecutors refuse calls to charge driver in deadly 2023 McGill Road crash under Criminal Code

Dec 6, 2024 | 2:23 PM

KAMLOOPS — The BC Prosecution Service (BCPS) says it has conducted a ‘senior-level review’ of its decision not to charge Colval Abbinett under Criminal Code in connection with the crash that killed TRU student-athlete Owyn McInnis last November.

In a news release issued Friday (Dec. 6), the BCPS it says it will continue to prosecute Abbinett under the Motor Vehicle Act. The 29-year-old is facing one count each of driving without due care and attention and driving without reasonable consideration.

If convicted, he could face a maximum fine of $2,000, and be banned from driving or face a number of restrictions.

McInnis and his teammates Owen Waterhouse and Riley Brinnen were in a Volkswagen which was stopped at a red light at McGill Road and University Drive when it was hit by a pickup truck whose driver had lost control. Police previously said that the truck hit several small trees before it struck the Volkswagen and caused secondary crashes with four other vehicles.

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“The circumstances of this case are tragic,” the BCPS said, in a news release. “One young adult lost his life, and two others were catastrophically injured.”

Last week’s charge announcement prompted an outcry from friends and family members of the affected WolfPack athletes. It also led to a statement from the Opposition B.C. Conservative caucus, who were calling on a judge and jury to weigh in on the crash.

“The BCPS reviewed the Report to Crown Counsel submitted by the Kamloops RCMP detachment in relation to this investigation and conducted a charge assessment in accordance with our Charge Assessment Guidelines (CHA 1),” the BCPS statement added.

“Pursuant to these guidelines, in order to proceed with a prosecution, Crown Counsel must be satisfied there is a substantial likelihood of conviction, and if so, that the public interest requires a prosecution. In this case, the presence of a public interest is undeniable.”

The BCPS statement goes to say that “only a portion of the evidence” has been made public so far, creating a “partial picture of what had to be considered.”

“The Regional Crown Counsel for the Interior region has now reviewed this matter, including the investigative file and applicable law, and concluded that MVA charges are the only charges that meet the BCPS charge assessment standard, and that the charge assessment decision was made with diligence and objectivity,” the statement said.

“It would not serve the justice system, the victims, nor the public for the Crown to pursue charges that are not supported by the available evidence.”

Kamloops RCMP spokesperson Cpl. Crystal Evelyn previously told CFJC Today that Abbinett – who is due to make a court appearance on Dec. 23 – was not impaired by drugs or alcohol and remained at the scene of the crash on Nov. 29, 2023.

“There is a court date that’s scheduled…and hopefully some more of the related details and questions that the public may have will be answered through that process,” Evelyn said.

“The detachment remains committed to working with the families of the victims involved going forward.”

This is a developing story and it will be updated with more information when it becomes available.