28-year-old Travis Eric Fox during a break in his sentencing hearing in Nanaimo on Wednesday, Feb 5. His guilty plea to dangerous driving and impaired driving charges led to a two-and-a-half year prison sentence. (Ian Holmes/NanaimoNewsNOW)

By Ian Holmes

FATAL CRASH

Drunk driver sentenced to 30 months in prison, driving prohibition for fatal Boxwood Rd. crash

Feb 5, 2020 | 10:13 AM

NANAIMO — The man drunk behind the wheel of a sports car who crashed in 2018 and killed a father will spend two-and-a-half years in a federal prison.

Travis Eric Fox, 28, was sentenced Wednesday afternoon in provincial court in Nanaimo after pleading guilty to dangerous driving causing death and driving over .08 causing death.

He’d previously pleaded not guilty and was slated to begin a five-day trial on Wednesday.

Fox was charged more than a year after the March 2018 incident where he lost control of the BMW he was driving, killing his 38-year-old passenger. Clint Chalifour, a father of two children, was pronounced dead at the scene.

RCMP said the BMW hit the curb in a sharp curve on Boxwood Rd. near Tulsa Rd. at such a high rate of speed it flipped over and landed on top of two cars parked off the road with enough force to crush them.

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In an agreed statement of facts, Crown attorney Brett Webber said a witness reported the car driving erratically just before the crash.

The witness estimated the BMW was driving at least 100 kilometres per hour in a 50 kilometres per hour zone.

An experienced RCMP collision reconstructionist said Fox failed to negotiate the sharp curve in the road due to his high rate of speed, went into the oncoming lane then off-road, before launching roughly eight metres into the air.

After landing, police said the car hit some large concrete chunks, forcing the car airborne again about 20 meters high while spinning onto its side.

Surveillance footage shown in court captured the airborne car with sparks flying from beneath it as it slammed on top of two vehicles parked in an adjacent lot, where it came to rest.

A Nanaimo firefighter responded shortly after the crash to find the lifeless passenger still buckled into his seat, hanging upside down in the car.

Chalifour was not conscious and didn’t have a pulse.

Described as a good friend and co-worker of Fox, Chalifour was pronounced dead on scene.

Fox was not seriously injured.

Several emergency responders noticed an odour of liquor from Fox.

Police reported hearing Fox tell a paramedic on scene he had three or four beers. Later at the hospital, Fox was heard by a Mountie telling a nurse he had consumed seven beers.

A blood alcohol sample of Fox taken at NRGH 45 minutes after the crash was 0.16, twice the legal limit.

Court was told road conditions were favourable at the time and a mechanical inspection of the BMW showed the vehicle was in good working order.

Webber said victim impact statements were not submitted because family members were still too angry and emotional.

Defence lawyer Bert King said his client was only behind the wheel of the BMW for a minute before the crash.

He said Fox, a John Barsby Secondary School grad, is a man with no prior criminal history who made one bad decision.

“Sending this young man to prison for years is not going to solve anything and it may destroy him,” King said.

King provided several glowing character references to Judge Ted Gouge regarding Fox’s role as a son, brother and employee.

Fox read a three-minute prepared statement to the court to apologize for his actions.

“My mistake has created chaos, pain and suffering…it is with absolute remorse that I offer my sincerest apologies for the tragic loss of Clint’s life,” Fox told court.

Fox said since the crash he feels undeserving of the drive and ambition in life he once felt, feeling remorse and guilt countless times a day.

He remained silent throughout his three-hour sentencing hearing. He teared up occasionally as his family sat a few feet behind him.

Several members of Fox’s family were sobbing as sheriffs led Fox away in handcuffs.

Chalifour’s father and sister were in the other side of the courtroom during the proceedings. They declined to comment after the decision came down.

ian@nanaimonewsnow.com

On Twitter: @reporterholmes