Impaired Nanaimo driver jailed for fatal Chase River crash

Hewitt, 51, will serve his sentence in a federal penitentiary and will also have a five-year driving ban applied after his release.

Crown counsel had requested six to eight years in jail, followed by a 10-year driving ban, while Hewitt’s defence countered with a proposed four to five-year jail term and seven-year driving prohibition.

Judge Whonnock said the police investigation revealed Hewitt was traveling more than 40 kilometers above the posted speed limit.

“The speed was so great that upon impact Ms. Bagshaw was not just killed instantly, but her body was cut into two pieces and ejected from her vehicle,” judge Whonnock stated.

Bagshaw’s remains fell on the road in several locations on the highway in front of numerous horrified witnesses.

Hewitt was found still seated in his badly damaged truck in the highway’s northbound lanes with non-life-threatening injuries.

No passengers were in the vehicles involved.

Several witnesses reported Hewitt’s vehicle speeding south on Hwy. 1 seconds before the crash, with the offender ignoring a red light at the Tenth St. intersection.

A motorist rammed the brakes, narrowly missing being hit by Hewitt’s truck rushing by.

It’s estimated Hewitt was travelling at 114 kilometres per hour at the time of the collision but had reached speeds upwards of 126 kilometres per hour on the highway between Tenth St. and Cranberry Rd.

Conditions were ideal the evening of the crash, with clear skies and plenty of daylight remaining. Both vehicles involved were deemed by a certified mechanic to be in good working condition, facts of the case revealed.

Hewitt’s sentencing hearing outlined his egregious, albeit dated driving record.

He compiled nearly 40 driving infractions, including seven 24-hour roadside prohibitions for impaired driving and refusing to provide a breath sample in 2001.

The offender racked up 16 speeding tickets, including three for excessive speeding.

Court was told Hewitt was in a poor emotional state at the time of the collision due to a bad relationship leading to excessive drinking.

Judge Whonnock said no matter what sentence is rendered, nothing can reverse what happened.

“A sentence today should not in any way be considered a value on Kathleen Bagshaw’s life. There is no sentence that I can impose to adequately address the loss of a human being.”

While weighing an appropriate sentence, judge Whonnock said provisions set out in case law from other judgments and Hewitt’s individual circumstances need to be taken into consideration.

She noted mitigating factors of Hewitt’s offending included his guilty plea, the fact he didn’t leave the scene, he provided a breath sample and didn’t deny being impaired.

Judge Whonnock pointed out the courts have found other offenders who failed to express genuine remorse in similar circumstances or avoided responsibility entirely.

“There are many more aggravating factors in the case law presented that are absent in Mr. Hewitt’s situation, I therefore reject Crown counsel’s submission that six to eight years of jail is appropriate,” judge Whonnock said.

Hewitt, a longtime technical analyst with BC Ferries and Cedar resident, read out an apologetic address at his sentencing hearing, saying he’s truly sorry for the pain he’s caused.

“There are no words that I can say that will express the remorse, sorrow, shame and guilt I feel for my unconscionable actions…,” Hewitt told the court.

The offender has the full support of his parents and brother.

He preferred to face the judicial proceedings without the presence of family and friends in court.

Hewitt declined to provide a comment to NanaimoNewsNOW during a break in his Oct. 13 sentencing hearing. (Ian Holmes/NanaimoNewsNOW)

Victim’s family reacts to judgment

Theresa Bagshaw, the victim’s niece, was disappointed by the jail term applied. She said Hewitt’s driving history was concerning.

“He had enough infractions and almost hurting people all the time…It should have been higher.”

She said it was fortunate there were not more victims beyond her aunt to lose her life that night.

“He could have killed a lot more than just her with so many people on the road.”

The victim’s brother-in-law, Roger Bagshaw, told reporters he wanted a longer jail sentence and driving ban.

“You want to try and curb drinking and driving. I would have liked the eight years and a ten-year driving ban.”

Roger Bagshaw believes a longer sentence would have sent a stronger message to other impaired drivers, and therefore make our roads safer.

“Everybody wants more, the maximum was life — could we put him away for life? I don’t know, I don’t know if I’d ever be happy with life (in prison).”

Bagshaw, who lives near the crash location, said using the intersection daily is a painful reminder of what happened.

He said Kathy Bagshaw attended his wedding from the Lower Mainland, fell in love with Vancouver Island and remained in Nanaimo.

“She made an impact on a lot of people, she had a lot of friends in Nanaimo and she’s going to be missed.”

Charges were formally laid against Hewitt in late August 2022 following a lengthy, detailed police investigation.

The May 20, 2021 crash concluded a traumatic day in Nanaimo, with a fatal drive-by shooting at Rock City Centre and subsequent arrests taking place earlier in the day.

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Ian.holmes@pattisonmedia.com

On Twitter: @reporterholmes

by Ian Holmes

Impaired Nanaimo driver jailed for fatal Chase River crash

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