A Blackburn woman who struck and killed a man and seriously injured another as they were crossing First Avenue two years ago was fined $1,600 Tuesday after pleading guilty to excessive speeding relative to conditions under the Motor Vehicle Act.
In passing judgment against Nadia Pierrette Marie Brownson, 41, Prince George provincial court judge Michael Brecknell painted a picture of unfortunate circumstances but one underlined by the fact that she was going too fast for conditions.
Despite the light rain creating glare off the road, poor lighting in the area and the darkness of the late hour, Brownson's speed was as much as 69 km/h when she struck Scotty Bryan and Tony Schubert on the night of Oct. 5, 2014, the court was told.
Both from Vanderhoof, Bryan and Schubert had been dropped off at the parking lot across First Avenue from Alibi's after attending a concert and were crossing the four-lane stretch to reach the nightclub.
One man was wearing a black jacket and T-shirt and the other a grey hoodie. The closest marked crosswalk is about 20 metres to the west, at Quebec Street, and the closest lighted intersection was a further 70 metres away at Victoria Street.
Brownson, who had also attended the concert with one of her sons and was returning home, hit the pair as they entered the inside of the two eastbound lanes, hitting her brakes only after the collision.
Both were transported to University Hospital of Northern British Columbia where Bryan, a 36-year-old father and husband, died from his injuries later that night. Schubert, who later told police he saw Brownson's pickup but was certain they would be able to make it across safely, was seriously injured, the court heard, but further detail was not provided.
Brownson, who showed no signs of impairment and cooperated with police, said she thought she was going about 55 km/h, while a private engineering firm estimated her speed at 52 to 64 km/h and an RCMP traffic analyst came up with the estimate of 69 km/h.
Regardless, Brecknell said she was going over the posted limit of 50 km/h, which is the maximum speed drivers should go only in ideal conditions. "When conditions are less than ideal, it would be not only prudent but required for drivers to consider driving at a lesser speed," he said.
Brecknell later commented that he's well aware of the speeds at which motorists typically drive along First Avenue. "As a person who drives down First Avenue everyday, I wonder why there aren't more crashes sometimes," Brecknell said.
Crown counsel had been seeking a fine in the range of $1,500 to $2,000 and a one-year driving prohibition while defence argued for a fine below the range Crown had proposed and to leave the decision of whether to issue a driving prohibition up to the Superintendent of Motor Vehicles. The offence carries a penalty of six points.
In issuing the sentence, provincial court judge Michael Brecknell opted for the higher end of the range for the fine - the maximum is $2,000 and six months in jail - as well as a $240 victim surcharge and did not impose a driving prohibition.
Brecknell said he doubted the sentence he will issue will satisfy Bryan's family but, by the same token, noted Brownson's sorrow for what occurred. He also noted that up until that night, Brownson had no record of serious driving offences.
With the parents and family of Bryan sitting on one side of the courtroom and friends and family of Brownson on the other, the mood in the courtroom was emotionally charged. Even Brecknell broke into tears for a brief moment as he commented on the driving habits in general along First Avenue.
Brecknell noted that in a victim impact statement, a brother of Bryan's was critical of the way the case was handled, saying it had been passed on from one RCMP member to another and then from lawyer to lawyer, leaving him feeling "victimized by this circus of a situation."
It was one of three motor vehicle incidents that led to the deaths of pedestrians in 2014.
A trial is set for February 2017 for Robert Vernon Johnson, 79, of Trail in the Oct. 9, 2014 deaths of Patricia Sims-McLelan, 50, and David Sakawsky, 49. They were crossing Nicholson Street just before 7 a.m. when they were hit by a tractor-trailer making a left-hand turn from 22nd Street.
Shaun Raymond Bockus, 37, of Prince George, has pleaded guilty to driving without due care and attention in the Dec. 16, 2014 death of a 79-year-old woman who was crossing Winnipeg Street between Ninth Avenue and 11th Avenue. Her name has not been made public.
