Man pleads guilty to fatal Chase River impaired driving wreck, awaits jail sentence

A substantial debris field resulted in a May 20, 221 crash at 8:47 p.m. on the Trans Canada Hwy at Cranberry Rd. (File Photo/NanaimoNewsNOW)

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Bagshaw was ejected from her car.

Hewitt was found still seated in his badly damaged truck, which came to rest in the highway’s northbound lanes.

No other occupants were in either vehicle.

Following the senseless crash, McCormick said Hewitt displayed clear signs of impairment to police and emergency responders.

Several witnesses relayed to police on scene how dangerous Hewitt was driving.

A northbound motorist attempting to turn left from the highway onto Tenth St. was forced to slam his brakes when Hewitt ignored the intersection’s red light seconds prior to the crash a block to the north.

Blood toxicology results showed Hewitt was intoxicated by alcohol three times beyond the legal limit.

Another witness, driving directly behind Bagshaw on Cranberry Rd., told police the sound of the crash was deafening and that offending driver did not slow down.

Information extracted by RCMP from a data recorder in Hewitt’s truck indicated between Tenth St. and Cranberry Rd. he approached the intersection at full throttle, accelerating up to 126 kilometers per hour.

It’s estimated he was travelling at about 114 kilometres per hour at the time of the fatal collision, while there was no indication of braking or steering to avoid Bagshaw’s car. The speed limit in the area is 70 kilometres per hour.

“The Crown submits that his moral culpability is at the highest level and a sentence at the high end of the range is required to deter, denounce and provide a fit sentence,” McCormick said.

Conditions at the time were ideal, with clear skies, dry roads and plenty of daylight remaining.

Both vehicles were determined to be in good working order with no mechanical defects.

McCormick requested a prison term of between six and eight years and a 10 year driving ban to take effect when Hewitt is released.

Hewitt’s lawyer suggested a four to five year jail term, followed by a seven year driving prohibition.

Colin Hewitt leaves court during a break in his sentencing hearing on Friday, Oct. 13. (Ian Holmes/NanaimoNewsNOW)

Troubling driving record
While most of Hewitt’s driving infractions are between 1991 and 2007, McCormick described his driving history as concerning.

Hewitt has nearly 40 driving infractions to his name, including seven 24 hour roadside prohibitions for impaired driving and refusing to provide a breath sample in 2001.

The offender has had 16 speeding tickets, including three for excessive speeding.

“The Crown says that is a significant driving record that is highly relevant to the sentencing process,” McCormick argued.

Following the crash Hewitt had his licence stripped for three years.

Profound impact on Bagshaw’s family
Described as selfless and loving with an amazing smile, loved ones of Bagshaw described the immense impact her untimely death has caused.

An emotional Elizabeth Hinton told court her sister-in-law had left her home following a visit and was killed two minutes later.

She said Kathy’s death impacted her profoundly, telling court she had a heart of gold and that she always saw the good in people.

“I am saddened when our family gatherings have an empty chair where Kathy should be sitting. The difference in our family will always be difficult as we are constantly reminded of the beautiful, kind gentle soul that was ripped away from our family.”

Theresa Bagshaw said her aunt loved her life, family and friends.

She said the week of the incident was the first time they had hugged since the breakout of the COVID-19 pandemic.

“Our last hug, if I knew I would have made it last longer. I would have held her longer, harder, I would have told her ‘Thank you for always being there, always loving me, believing me.’”

Defence submissions
Hewitt’s attorney, Chris Churchill, said his client is deeply remorseful for what happened.

He said Hewitt, a longtime BC Ferries employee, was in a poor emotional state leading up to the collision due to a bad relationship, leading to excessive drinking.

Churchill said Hewitt hasn’t touched alcohol since the crash and is fully committed to long-term sobriety.

“I think very sadly it has taken a very serious and tragic event to understand what a negative impact alcohol has had in his life,” Churchill said.

Hewitt always intended to plead guilty and not have the matter go to trial, Churchill said.

Judge Karen Whonnock reserved her decision for a future date.

Hewitt, a longtime Cedar resident, remains attached to numerous conditions, including not consuming alcohol or non-prescription drugs.

He’s currently not in custody.

While the maximum penalty under the Criminal Code of Canada for impaired and dangerous driving causing death is life in prison, case law precedents dictate most judgments result in sentences under 8 years in jail.

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ian.holmes@pattisonmedia.com

On Twitter: @reporterholmes

by Ian Holmes

Man pleads guilty to fatal Chase River impaired driving wreck, awaits jail sentence

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