‘I’m so deeply sorry:’ driver sentenced for fatal Qualicum Beach crash

“She did not see Mr. Walton’s motorcycle until just before it struck the front passenger side of her vehicle,” Crown counsel’s Jordan Hauschildt told a provincial court sentencing hearing in Nanaimo on Monday, March 31.

Deb Walton was pronounced dead on scene after the bike she and her husband were riding collided with a car on Memorial Ave. near the Inland Island Hwy. in Qualicum Beach. (Submitted photo)

An agreed statement of facts heard the Waltons were ejected from their motorcycle, with Deb propelled over Kolenda’s vehicle where she came to rest several feet behind the car.

Despite a fast response and life-saving attempts from paramedics, she was pronounced dead on scene.

Her husband, Carl, smashed into the hood of Kolenda’s car, breaking his wrist and causing deep bruising to a leg.

Kolenda phoned 911 and remained in her car as instructed by the emergency call taker.

Hauschildt said Carl Walton did not notice the overhead advanced yellow flashing lights, and when the traffic light shifted from green to yellow, he didn’t feel he could safely stop in time.

The Waltons had the right-of-way, Hauschildt noted.

Dashcam video from Carl’s cousin, a trailing motorcycle rider, was submitted as evidence and played in court during the hearing.

An RCMP forensic collision reconstruction report found speed was not a factor and both vehicles involved attempted to stop prior to the collision on the roadway marked by an 80 kilometere per hour speed limit.

The report stated Carl Walton only had a fraction of a second to react to Kolenda’s turning car.

Conditions were ideal at the time on a mainly clear day and the roadway dry.

Impairment was not a factor, court was told.

The Crown’s Hauschildt said no sentence can bring Deb Walton back and restore what her family has lost.

“Ms. Walton’s life cannot be reduced to the amount of a fine, the value of her life cannot be reduced to the length of a driving prohibition,” he said.

Hauschildt lobbied for a $1,500 fine and a driving prohibition of six months to a year for Kolenda. He said the area where the crash occurred requires a high degree of driver attention.

Kolenda pleaded guilty to the Motor Vehicle Act infraction of driving without due care and attention, which cannot result in a custodial sentence.

Deb Walton, who was a mother of two sons and a grandmother, was glowingly remembered by her husband who read a powerful impact statement in court.

Carl Walton said she was “larger than life with a huge heart”, telling court he now feels a lack of motivation.

“I don’t see my kids and grandkids like we used to. The mother is the glue that holds the family together,” Carl said while holding back tears.

“There isn’t much pleasure in life,” he said. “Dealing with ICBC is crushing. I still wish I had died in the accident, and I should have, but I go on living, life is hard, this made it harder.”

Carl told court he and Deb did everything together: hiking, fishing, hunting, kayaking and numerous other activities around their property.

“We had dreams, we had worked hard, saved and had everything in place, now I‘m left alone – one person doing the work of two; the dreams are hollowed.”

An over-capacity crowd jammed a Port Alberni church for her celebration of life.

Deb and Carl Walton enjoying drinks at a pub in Crofton. (Carl Walton)

Outside court, Carl Walton emphasized how beloved and compassionate Deb was, telling NanaimoNewsNOW her work in a pair of Port Alberni care homes with the elderly dealing with acute neurological conditions was widely appreciated.

He said some residents required counselling after hearing Deb had passed away.

“I think that that really speaks volumes to how she can affect people. Even people with memory loss didn’t forget Deb,” Carl told NanaimoNewsNOW.

Defence attorney Paula Cooper said her client immediately took responsibility for her momentary act of inattention, arguing her moral blameworthiness is at the lower end of the spectrum.

She said Kolenda has no criminal record and no other driving infractions or prior crashes to her name in more than 16 years of driving.

“Today’s court date was scheduled quite quickly after disclosure was completed; trial dates were not contemplated – Ms. Kolenda always had intentions to plea,” Cooper said.

She proposed a $1,200 fine and no driving prohibition, arguing the public doesn’t need to be protected from Kolenda’s driving, noting driving is a requirement for her client’s job.

Cooper noted Kolenda does not contain the type of aggravating features often present in these types of cases, including speeding and a poor driving record.

After pleading guilty to start the sentencing hearing, a distressed Kolenda made an apologetic statement to the court, saying she deeply regrets her mistake.

“That day has stayed with me and is in my mind every time I have gotten behind the wheel since. It is a tragic reminder to drive with the utmost caution and care,” Kolenda read to the court.

There is nothing she can do to make the situation better, Kolenda concluded.

“I’m so deeply sorry.”

Judge Karen Whonnock opted against issuing a driving ban, concluding Kolenda’s actions were a momentarily lapse in judgment.

The judge spoke favourably of Kolenda’s post-crash conduct, and noted the RCMP reconstructionist report deemed Kolenda was driving at a predictably safe speed.

“I place a lot of weight on the report and find that Ms. Kolenda’s moral blameworthiness is reduced as she was driving at a safe speed,” judge Whonnock stated.

Kolenda was ordered to pay a $1,500 fine by Oct. 1.

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by Ian Holmes

‘I’m so deeply sorry:’ driver sentenced for fatal Qualicum Beach crash

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