After a driver fleeing police ran a red light a plowed into three other vehicles in the intersection of Bay and Douglas Street in 2019, the B.C. Prosecution Service says no charges are being laid.
The incident, which was captured on surveillance video from a nearby business, involved multiple vehicle and resulted in numerous people being hurt. One man who fled the scene was later arrested by police.
In a statement to CHEK News the B.C. Prosecution Service said Crown Counsel was unable to conclude that “the charge assessment standard was met” which are “whether there is a substantial likelihood of conviction; and, if so, whether the public interest requires a prosecution.”
Cheryl Hebert, a single mother who suffered a severe concussion as a result of the accident and has been off work as a nurse ever since, said she was shocked to learn that charges won’t be laid.
“I am shocked,” she told CHEK.
She has been relying on support services and her family and says she is confused on how someone who caused such a massive crash could walk away.
Michael Mulligan, a criminal lawyer at Mulligan Defense, said even though there is video of the crash, it isn’t always may not be enough to help with a conviction.
“Watching simply the video, you wouldn’t be able to determine certainty on a standard beyond a reasonable doubt who was driving the vehicle,” said Michael Mulligan, a criminal lawyer at Mulligan Defense.
“Let alone other issues on why that might have occurred. Was there something mechanical? or was there something medical why this accident occurred?”
But Crown is not releasing their reason.
READ MORE: Security camera footage captures dramatic high-speed collision at Douglas and Bay
Ryan Burghardt’s surveillance camera was the one that captured the crash.
After the crash, Burghardt and employees at nearby INA Motors gave Hebert a 2008 Hyundai Santa Fe. A handful of GoFundMe fundraisers were also started for her.
Burghardt says it’s very disappointing and concerning that no charges are being laid.
“You get into a big accident like that, never-mind the trauma it has caused. It’s hard to not see that closure, to say he is being held responsible for his actions, but no he just walked,” he said.
Hebert’s lawyers say they will be pursuing civil remedies once they receive full disclosure.
Victoria Police was also cleared previously by the Independent Investigations Office in the incident.
Julian Kolsut
