Unacceptable.
That is how the families of three members of the Thompson Rivers University men's volleyball team impacted by a fatal motor vehicle accident in Kamloops in November 2023 felt after learning the driver responsible would face charges under the Motor Vehicle Act and not under the Criminal Code.
It was a heartbreaking start to the one-year anniversary of the collision which resulted in the death of Owyn McInnis, and serious life-altering injuries to Riley Brinnen and Owen Waterhouse, both from Kelowna.
Karri Brinnen, stepmom of Riley, said family members were informed via a Zoom meeting on Monday, Nov. 25, of the Crown counsel's decision to apply charges of one count of driving without due care and attention and another for driving without reasonable consideration against Colval Shaquille Abbinett, 29.
Brinnen said that not have Criminal Code charges applied in this case was heartbreaking to hear, saying the families affected were united in wanting to see justice carried out for their sons.
"These were three young student-athletes who had tremendous futures ahead of them so this has been difficult for all of us to accept," she shared.
She said Riley's father and mother are both retired RCMP officers, and they were both "completely shocked" Criminal Code charges were not applied.
She said the Crown counsel representatives participating in the Zoom call were complimentary about the excellent investigation carried out by RCMP in this case but were vague about why the lesser MVA charges were to be pursued.
"They kind of said just that the details will come out in due time in court," she said.
Abbinett is due to make his court appearance in provincial court in Kamloops on Dec. 23.
In response, Brinnen has initiated a letter writing campaign to bring a review of the charging decision by the Crown, appealing to B.C. Attorney General Niki Sharma, Solicitor General Gary Begg, Crown Prosecutor Chris Balison and other officials.
Brinnen has also since talked about the issue with Kamloops area MLA Peter Milobar.
"We are sending out our concerns to anyone who will listen, to people in power...to either have the charges decision in this case reviewed, or know at the very least that (Abbinett) will at least get the maximum sentence for whatever charges are laid," she said.
McInnis, 22, was killed while Riley suffered a permanent spinal cord injury and Waterhouse a brain injury on Nov. 29, 2023, when their Volkswagen car was hit by an out-of-control Dodge Ram truck and pushed into a busy intersection, causing a vehicle pile-up.
Seven other people were hurt in the multi-vehicle collision at the intersection of McGill Road and University Drive near the TRU campus in Kamloops.
The driver remained on the scene and the investigation has confirmed alcohol or drug impairment were not factors in the crash.
"We understand that many people have been impacted by this tragedy, and our hearts go out to the victims, their families, and those in the community who have been affected," said Kamloops RCMP Supt. Jeff Pelley in a news release announcing the charges on Monday, Nov. 25.
"It's important for me to acknowledge the significant work of our investigators, the witnesses, community partners, and the families involved who allowed us to establish the facts and circumstances that resulted in such a tragic loss.
"We remain committed to supporting the families impacted as we advance forward."
While Brinnen is appreciative of the RCMP's investigative efforts and what she understands to have been a recommendation to the Crown to pursue Criminal Code charges, she said acknowledgement of the impact of the victims doesn't meet the challenge the families have endured over the past year.
"Owyn was killed so their family is having to deal with that, and Riley and Owen (both 脡cole Kelowna Secondary grads) have been fighting their own battles in the past year," Brinnen said.
Speaking of her stepson Riley's injuries, he now relies on a wheelchair and walker to get around, having returned home in March after undergoing rehabilitative support at G.F. Strong Centre in Vancouver.
"For the past year, we have put every ounce of our energy as a family into Riley's recovery. Riley has been trying to figure out what his next steps are for the rest of his life. He had the opportunity to meet with Rick Hansen when he was at G.F. Strong and he talked to him about that," she said.
Riley and his TRU volleyball teammate Matt Hamilton went to watch the volleyball at the Paris Olympics this past summer, and he is back on campus helping out as an assistant coach and inspiration for the team.
"Riley has embraced the opportunity to be back with his teammates...figuring out how to navigate the world with the new challenges he faces," said Brinnen, who added that TRU has been incredibly supportive, such as offering counselling services for players this year who may face difficulty dealing with the one year anniversary of the tragic crash.
TRU men's volleyball coach Pat Hennelly also spoke out publicly this week in support of the family members pushing for more serious charges to have been approved by the Crown.
"(The) collateral damage is immense, and we're talking about traffic offences that sound like I accidentally went off the curb or wasn't paying attention," Hennelly told CBC News.
"And this is more than not paying attention, in my mind."
