Driver who caused 2023 crash that killed one TRU volleyball player, injured two others given fine, driving ban

Today, BC Provincial Court Justice Ray Phillips handed down a sentence of a 15-month driving prohibition and an $1,800 fine. The fine was in line with both Crown and defence recommendations, while the prohibition was in between their two numbers of one year from defence and 18-to-24 months requested by the Crown.

Prior to the case proceeding under the Motor Vehicle Act, the families of the victims had been fighting for Abbinett to be charged criminally.

“Fundamentally, the criminal law in Canada doesn’t criminalize people for involuntary behavior,” explained Jessica Patterson, regional Crown counsel, with regards to why a criminal indictment was not sought. “Mr. Abbinett was not sentenced [Wednesday] for his driving that occurred while he was in that state. Rather, he was sentenced for failing to exercise due diligence to stay awake or conscious while driving.”

“For dangerous driving (under the Criminal Code) we would need to prove that the driving was objectively dangerous and that it was voluntary beyond a reasonable doubt, or that there was evidence to establish that the person knew that continuing to drive in their state represented a danger to the public,” added Patterson.

Abbinett told police he has no memory of the crash and must have fallen asleep behind the wheel.

A number of key facts of the accident were brought to light on Wednesday morning, as both parties in the case agreed to a lengthy set of facts.

It was stated that Abbinett was asleep and slumped over the wheel of a 2015 Dodge Ram pickup at the intersection of McGill Road and Dalhousie Drive before accelerating down the hill toward University Drive and impacting the Volkswagen Jetta driven by Waterhouse, with Brinnen and McInnis as passengers.

The Crown attorney, Katie Bouchard, told the court that the truck accelerated to 112 km/hr 28 meters prior to the collision and that no braking input was registered before the crash from Abbinett.

The court learned McInnis’ cause of death was blunt force trauma to the head, and that Brinnen had severe spinal damage and was told he would never walk again — something he has already proven wrong.

Waterhouse was in a coma for five weeks and has complete pre-collision amnesia, meaning he doesn’t remember anything from the first 20 years of his life. Bouchard told the court the incredible recoveries of Waterhouse and Brinnen should not diminish the impact of the collision in the eyes of sentencing.

Fourteen victim impact statements were submitted, with many emotionally read onto the record Wednesday by family and friends. During almost the entirety of the proceedings, Abbinett remained motionless with his dead down.

Some of the members of the TRU WolfPack men’s volleyball team who were there is support were brought to tears throughout the morning session.

Jeanne Hurst, Waterhouse’s grandparent said Owen lost two years of the life and 20 years of memories.

Owen Waterhouse, himself, after re-learning to walk and talk, told the judge, “It pissed me the (expletive) off watching TRU play, because I should be out there.” He added the fact that Abbinett “can still drive after ruining three lives is stupid.”

Waterhouse’s mom Kelley said she was made to feel like a failure trying to support her two boys. His dad told a story of signing a ‘Do Not Resuscitate’ (DNR) order and saying his goodbyes before Owen kept fighting and eventually woke up.

Through tears, Chris Brinnen, Riley’s dad, said that the worst day in his son’s life was supposed to be one of the happiest in their family’s life as they welcomed a grandchild 30 minutes prior to the crash. Brinnen said the wrong man is fighting to remember, the wrong man is fighting to walk, the wrong man is not with us any more.

Chris then asked Abbinett to look at him as he told him directly, “What you do next is up to you. Try to be a better man.”

“I just felt that I needed to look at him, I needed to deliver a message to him directly,” Brinnen told reporters after the hearing.

“Talking to the back of a person’s head and not knowing and seeing and looking him in the eye just wasn’t acceptable to me with what I had to say to him,” said Brinnen of asking Abbinett to look at him during his victim impact statement.

McInnis’ sister Brielle told Abbinett she wants him to have learned from this but “we know that’s not true” and that she “will always be Owen’s older sister but now he’s my guardian angel.”

Mcinnis’ dad, Sheldon, told the court he had no chance for a final goodbye or last hug. Feeling he had failed his baby boy. His mom Erin Walter, calling it a pain that will not fade, and asking for accountability.

McInnis’ fiancé Amberly Wingenbach told the court, “I was supposed to be shopping for a white dress but instead had to buy a black one,” and, “The first funeral I ever attended, I had to sit in the front row.”

Amberly told the court she can no longer dream “because what’s the point?” and is “scared I will never be able to open my heart again.”

Following the proceedings, Chris Brinnen told assembled media, the result was what family members expected under the MVA.

“Knowing the details of what happened now, we can understand some of the decisions that were made and why they went the way they did,” said Brinnen. “It’s never going to sit with us, obviously.”

Brinnen noted that, under ICBC ‘no fault’ insurance, there is no further legal recourse through a civil case available to the families to seek further restitution. They will, however, be appealing to the Superintendent of Motor Vehicles to increase the 15-month suspension that was handed down by the justice, hoping for an indefinite suspension.

For Brinnen, a former police officer himself, one question remains about the case.

“The only thing I struggle with is all the case laws had an explanation for why the person fell asleep,” said Brinnen. “No explanation as to why Mr. Abbinett in broad daylight, on a busy street, stopping at lights, suddenly fell asleep. There was no medical reason. That is all we know.”

by James Peters / Michael Reeve

Driver who caused 2023 crash that killed one TRU volleyball player, injured two others given fine, driving ban

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