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B.C. woman forgives tearful driver fined $1,000 in crash that killed her husband

Judge cites mitigating circumstances in 2018 crash, also issuing 1-year driving prohibition
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The driver of a minivan that struck another vehicle on the Malahat in 2018, killing a man, gets one year driving prohibition and a $1,000 fine. (File photo)

Sara Rosetta Thomas said she was sa国际传媒渢ruly sorrysa国际传媒 in a Duncan courtroom on Dec. 13 to the wife of the man who died in 2018 after she struck his vehicle head-on on the Trans-Canada Highway.

Facing Justine Tilley, who was also severely injured in the accident on the Malahat that killed her husband on June 9, 2018, a crying Thomas said it was never her intention to hurt anybody.

sa国际传媒淲ords cansa国际传媒檛 express how sorry I am,sa国际传媒 she sobbed.

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Thomas had faced numerous charges in relation to the crash, which killed 46-year-old David Tilley from Vancouver, including impaired driving causing death, impaired driving causing bodily harm and causing an accident resulting in death, but she pleaded guilty in October to driving without due care and attention, and both the Crown and defence agreed to her plea.

She was sentenced to a $1,000 fine and a one-year driving prohibition by Associate Chief Justice H. Holmes.

On the day of the accident, David Tilley was driving his Honda CR-V in the southbound lane of Highway 1 north of Aspen Road when then-29-year-old Thomas, the driver of a Dodge Grand Caravan heading north, crossed the centre line and struck the front driversa国际传媒檚 side of the SUV.

Tilley was pronounced dead on scene and Justine, who was in the passenger seat, was taken to hospital with serious injuries.

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A report at the time from the B.C. Coroners Service said that the crash occurred in an active construction zone where the posted speed limit had been reduced to 60 kilometres per hour and that Thomas was travelling at roughly 101 km/h when she collided with Tilley.

The report concluded that the Dodge Caravansa国际传媒檚 entry into the southbound lane was as a result of sa国际传媒渘on-cognitive driving actions, such as medical distress, fatigue, distracted driving or impairmentsa国际传媒.

In her victim impact statement in court on Dec. 13, which was one of four heard by the court, Justine Tilley said her husband was her best friend and partner for 27 years, and she is devastated with his loss emotionally, mentally and financially.

sa国际传媒淗e was the smartest man Isa国际传媒檝e ever known,sa国际传媒 she said, her voice cracking with emotion.

sa国际传媒淗e was a certified accountant and we went to Vancouver Island to celebrate after he received a big promotion at Telus, where he worked, and he was killed just three days after his promotion. A life taken at 46 is a tragedy a thousand times over and I continue to struggle without him.sa国际传媒

Looking at Thomas, Justine said her husband would have offered her mercy.

sa国际传媒淚 want you to know that I forgive you,sa国际传媒 she said.

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Crown prosecutor Paul Pearson said that paramedics on the scene of the accident had said they smelled alcohol on the breath of Thomas shortly after the accident, but acknowledged that there have been no allegations that she drank alcohol that morning.

Defence lawyer Scott Sheets said Thomas has no recollections of the accident.

He said Thomas was rendered unconscious in the crash, in which she sustained only minor injuries, and has no clear memory of why she crossed the centre line of the highway.

Sheets acknowledged Thomas was travelling at about 101 km/h in a 60 km/h construction zone, but said the other vehicles travelling in the same direction were going at that speed as well, and the other drivers questioned said they saw nothing unusual about her driving patterns before the crash.

sa国际传媒淭here was also no indication that she drank that day,sa国际传媒 he said.

Sheets went on to give a brief history of the life of Thomas, who is a member of the Halalt First Nation.

He said both her parents and grandparents attended the residential school on Penelakut Island, and that fact had had negative implications for Thomassa国际传媒檚 life.

sa国际传媒淪he lost a five-year-old sibling to drunk driving on reserve and another sibling took his own life in 2010,sa国际传媒 Sheets said.

sa国际传媒淚tsa国际传媒檚 important to understand the emotional frame of mind that Ms. Thomas was in on that tragic day. She had awakened in Victoria that morning to an abusive partner who told her to leave and go kill herself like her brother. When she was returning to her parentssa国际传媒 home in Chemainus, her emotions were impacted by this harmful language.sa国际传媒

Sheets said there is a need for some explanation for the distraction that caused the accident, but he asked the court to consider Thomassa国际传媒檚 guilty plea.

sa国际传媒淭here is also an ongoing civil case in this matter to confirm liability,sa国际传媒 he said.

Sheets said Thomas works full time at the Saanich Adult Education Centre, has been attending college online and is in her third year of studies for a business administration degree, and is also an active volunteer in her community.

He said Thomas was brought to tears when he was going over the victim impact statements and read that Justine was forgiving her.

sa国际传媒淭hroughout all these proceedings, Ms. Thomas has been remorseful and very aware that a young man has lost his life,sa国际传媒 he said.



robert.barron@cowichanvalleycitizen.com

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Robert Barron

About the Author: Robert Barron

Since 2016, I've had had the pleasure of working with our dedicated staff and community in the Cowichan Valley.
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