Colval Shaquille Abbinett, 29, is alleged to have been behind the wheel of a black Dodge Ram on Nov. 29, 2023, when it slammed into a Volkswagen Jetta on McGill Road near Thompson Rivers University.
UPDATE: 3:28 p.m.
The driver who caused a deadly multi-vehicle crash near Thompson Rivers University has been ordered to pay an $1,800 fine.
Colval Shaquille Abbinett, 30, was also issued a 15-month driving prohibition on Wednesday in Kamloops provincial court, where he was sentenced on one count of driving without due care and attention.
He was driving a Dodge Ram pickup truck on the afternoon of Nov. 29, 2023, when it crashed into a Volkswagen Jetta on McGill Road, killing TRU volleyball player Owyn McInnis and seriously injuring two of his teammates, Riley Brinnen and Owen Waterhouse.
Court heard he fell asleep at the wheel a few moments before the truck accelerated to a speed of 112 km/h and smashed into the back of the Jetta.
"Though he did not speak here today, Mr. Abbinett's head was hung low the entire time and I can tell he is consumed with grief. This has been a hardship for him as well," Kamloops provincial court Judge Ray Phillips said.
"This case reminds us how dangerous our roadways can be, and the need to make decisions that keep us safe and keep other drivers safe."
Asleep at the wheel
Court heard Abbinett's driving was normal until a few moments before the collision, when witnesses said he appeared to pass out behind the wheel at the intersection of McGill Road and Dalhousie Drive.
Crown prosecutor Katie Bouchard said the truck stopped in the intersection, then lurched forward before speeding toward University Drive.
"Mr. Abbinett's vehicle then sped eastbound out of control on McGill at increasing speed," she said.
"It smashed at high speed, without any braking, into the back of Mr. Waterhouse's Volkswagen Jetta as it was stopped waiting a the red light."
Witnesses said Abbinett was confused after the crash and first thought someone had hit him. He co-operated with police at the scene and told investigators he "must have fallen asleep."
"I honestly can't tell you -- I don't know," he told Mounties after the crash. "I had a little bit of a blackout right before and after. I just remember waking up and that guy telling me I passed out."
Court heard Abbinett suffers no medical issues that would have made him fall asleep suddenly.
"Mr. Abbinett was sober at the time and did not lose consciousness because of a major medical event like a heart attack or stroke and does not suffer from any seizure disorders," Bouchard said.
"In this case, the negligent act was falling asleep or losing consciousness while driving on a busy urban road."
No word from Abbinett
Abbinett did not speak in court prior to his sentence being handed down, and he sat staring down at the desk in front of him while listening to the Phillips read his decision.
Defence lawyer Iain Currie called the crash "an unfathomable tragedy."
"He has no memory of driving from that intersection to University Drive, where the accident happened," Currie said. "He talked to the police about the day before and his morning, and he did not describe a sense of impending fatigue or anything that might make him think he shouldn't be behind the wheel."
Abbinett has a lengthy criminal record with convictions for violence, weapons and drugs. He was on probation at the time of the collision.
About 60 people attended Wednesday's sentencing hearing, many of them wearing TRU WolfPack gear. Check Castanet Kamloops on Thursday morning for a full story with reaction from outside the courtroom.
UPDATE: 10:23 a.m.
The driver who caused a deadly multi-vehicle crash near the campus of Thompson Rivers University two years ago told police he blacked out and "must have fallen asleep" at the wheel before plowing a pickup truck into a Volkswagen Jetta carrying three TRU volleyball players.
About 60 people are present in Kamloops provincial court on Wednesday for the sentencing hearing of Colval Shaquille Abbinett. The 30-year-old previously pleaded guilty to a charge of driving without due care and attention, an offence under the Motor Vehicle Act.
He was driving a Dodge Ram pickup truck on McGill Road on the afternoon of Nov. 29, 2023, when it crashed into the Jetta, killing Owyn McInnis and leaving Riley Brinnen and Owen Waterhouse with life-changing injuries.
Court heard Abbinett was asleep at the wheel when the collision took place. Crown prosecutor Katie Bouchard said witnesses told police they saw him slumped over the wheel.
Bouchard said Abbinett's driving was normal until he stopped at a red light heading east on McGill Road at Dalhousie Drive. When that light turned green, his truck stopped in the intersection and then began "lurching" forward.
The driver of a vehicle next to Abbinett at the time told police he appeared to be asleep at the wheel.
"Mr. Abbinett's vehicle then sped eastbound out of control on McGill at increasing speed," Bouchard said.
"It smashed at high speed, without any braking, into the back of Mr. Waterhouse's Volkswagen Jetta as it was stopped waiting a the red light."
Bouchard said McInnis, Brinnen and Waterhouse finished volleyball practice a short time before the crash. They were in Waterhouse's Jetta headed to get a meal.
'Blackout' before crash
Bouchard said Abbinett remained at the scene and co-operated with police. He told investigators he didn't remember what happened and "must have fallen asleep."
"I honestly can't tell you -- I don't know," he said. "I had a little bit of a blackout right before and after. I just remember waking up and that guy telling me I passed out."
Abbinett was on probation for an unrelated conviction at the time of the crash, which Bouchard said "demonstrates a general disregard for the law."
Abbinett was visiting Kamloops with a friend and had been killing time driving aimlessly while waiting to pick her up from a medical appointment. He was driving her truck.
The Crown is seeking a fine of $1,800 to $2,000, plus a driving prohibition between 18 and 24 months.
"Mr. Abbinett was driving a large vehicle that he had never driven before," Bouchard said. "He was driving in a busy urban area with vehicle traffic in a city in which he was unfamiliar. He ought to have taken greater care."
The hearing continues
The circumstances offer some explanation about the Crown's refusal to charge Abbinett criminally, which upset family members of the victims.
Under the Criminal Code of Canada, dangerous driving causing death cannot be set out in a case where the driver was asleep unless the Crown can prove they were fighting sleep prior to the offence.
Prosecutors previously said they don't have the evidence required for criminal charges in Abbinett's case.
Abbinett is sitting next to his lawyer in the courtroom, wearing a plaid button-up shirt and jeans.
The hearing, in front of Kamloops provincial court Judge Ray Phillips, is scheduled to run all day. Castanet has a reporter at court and this story will be updated.
ORIGINAL STORY: 4 a.m.
A packed gallery is expected on Wednesday in Kamloops provincial court for the sentencing of a driver who caused a multi-vehicle crash two years ago that killed a Thompson Rivers University volleyball player and left two of his teammates with life-altering injuries.
Staffers at the Kamloops Law Courts are preparing for more than 100 people to show up for Colval Shaquille Abbinett's sentencing, which has been scheduled to take place in the building's largest courtroom. An overflow courtroom has also been reserved, where the hearing would be shown on a large TV if necessary.
Abbinett, 30, was behind the wheel of a Dodge Ram pickup truck on Nov. 29, 2023, when it slammed into a Volkswagen Jetta stopped at a red light near the Thompson Rivers University campus.
The crash killed TRU volleyball player Owyn McInnis and seriously injured two of his teammates, Riley Brinnen and Owen Waterhouse.
Abbinett pleaded guilty in June to one count of driving without due care and attention, an offence under the Motor Vehicle Act, and his sentencing was eventually set for Wednesday.
Details of what led to the crash are so far not known publicly. Prosecutors have said they will come out in court.
Ordered to attend
Abbinett hoped to attend Wednesday's hearing virtually from Prince George, where he lives, but a judge ordered him to show up in person.
During a hearing last month, Abbinett's lawyer argued he felt unsafe going to the Kamloops courthouse given the high-profile nature of his case. He also said the trip to Kamloops would be prohibitively expensive and that Abbinett had too many responsibilities to tend to at home.
But Kamloops provincial court Judge Ray Phillips was not swayed.
"With respect to Mr. Abbinett's fear of the courthouse, I note that the sheriffs are here to protect the public -- including Mr. Abbinett -- and they have made the appropriate arrangements," he said.
"I find that a remote appearance in these circumstances diminishes the sincerity of the guilty plea and diminishes the public's perception of justice. There's an old legal adage -- not only must justice be done, it must also be seen to be done."
Brinnen's father told Castanet the victims' loved ones hope to "look [Abbinett] in the eye and tell him how he's affected the lives of the boys and the families."
Many friends, family members and supporters of the victims are expected in court on Wednesday, including a contingent of TRU WolfPack community members.
Set to last all day
Six vehicles were involved in the crash and 11 people were injured, seven of them sent to hospital.
The families of the victims demanded a review of the charge and an upgrade to dangerous driving charges under the Criminal Code of Canada. Prosecutors said they don't have the evidence to pursue criminal charges.
The families told Castanet they met in January with B.C.'s deputy attorney general, who they said told them the file had been reviewed outside the region and that no charge upgrade would be forthcoming -- but that the evidence would come out in court.
Abbinett's case was delayed a number of times since January, when he first indicated that he would plead guilty.
Wednesday's sentencing hearing is scheduled to get underway at 9:30 a.m. in Courtroom 2D. It is expected to take the whole day.
Castanet will have a reporter present and this story will be updated based on what comes out in court.