Driver sentenced in fatal Christmas crash
As his mom wiped tears from her eyes and his dad fidgeted with his hat, Andrew Cook was placed in handcuffs and led from a Penticton courtroom Tuesday to begin serving a 90-day jail sentence for a driving offence that killed a woman nearly three years ago.
Remarkably, the family of victim Arlene Shepherd supported the plea deal that saw the Crown drop more serious charges against Cook, including dangerous driving and impaired driving causing death.
“For us, the light at the end of the tunnel is closure we’ve gotten from this and also the light at the end of the tunnel is for Mr. Cook, too,” said Sean Swanson, Shepherd’s son-inlaw.
“He’s got an opportunity to move forward from the mistake that he made. He was very eloquent with pointing out he was remorseful about it and for us, the family, we’re very thankful for that. It shows great character and great courage on his part, to stand there and even back that up verbally in the court room,” Swanson continued.
“But moving forward, I want him to learn from this. We want him to go on to pursue life, but to look back knowing this was a defining moment.”
Court heard Cook was 22 years old on the morning of Dec. 24, 2015, while driving a Honda minivan on Highway 97 northbound between Penticton and Summerland.
“The driving conditions that day were snowy, slippery and icy,” and Cook was driving in the passing lane at a speed estimated by witnesses at “somewhere in excess of 80 kilometres per hour,” said Crown counsel Kurt Froehlich.
Cook lost control and veered into oncoming traffic, colliding head-on with Shepherd’s car. Both had to be extricated from their respective vehicles and taken to hospital in Penticton.
Paramedics noticed Cook displaying signs of alcohol impairment, including the smell of booze in his vomit, and told police, who later “confirmed that there was alcohol present in the accused’s blood at the time the incident occurred,” said Froehlich.
But while Cook recovered from his injuries, Shepherd did not.
She suffered broken ribs, a chipped pelvis and abdominal bleeding that couldn’t be repaired with surgery. She spent a month in intensive care, and died of pneumonia on Jan. 25, 2016, at the age of 74.
However, frailties emerged in the Crown’s case at a preliminary inquiry last year, “which created a great deal of uncertainty regarding the ability of the Crown to prove the accused’s impairment or blood-alcohol content,” said Froehlich.
“Given the testimony of some of the other witnesses who were driving on the highway that day, it was also doubtful that the Crown would ever have been able to prove dangerous driving beyond a reasonable doubt.”
That gave rise to the plea deal. Froehlich also noted the maximum penalty for the offence to which Cook pleaded guilty — driving with undue care and attention — is only six months in jail and a $2,000 fine.
Defence counsel Don Skogstad, who joined in recommending the 90-day jail sentence and two-year driving prohibition, noted his client, who recently completed a marketing diploma at BCIT, accepted full responsibility for his actions and wished to serve his jail time all at once, rather than on weekends, in a bid to move on with his life.
“It is clear that in cases like this — driving offence, alcohol involved, young person — that this was a person of otherwise very good character making a mistake,” said Skogstad.
The lawyer also read out a statement on behalf of his client in which Cook apologized to all involved for his “fatal error in judgement.”
“I just want to reiterate how much regret I have and I offer the sincerest of apologies to the family and everyone affected by the choice I made that morning. I’m sorry,” a tearful Cook added later when given a chance to address the court.
Justice Alison Beames accepted Cook’s expressions of remorse as genuine.
“I have no doubt that an accident like this, which causes the premature and tragic death of another, is a life-changing event, and Mr. Cook has conducted himself as if that’s the case,” she said in her decision.
“I am satisfied that what happened was much more in the nature of an accident than an outright criminal offence that could be proven beyond a reasonable doubt.”
Beames said the frailties in the Crown’s case related to the RCMP’s handling of Cook immediately after the crash, including his need for prompt medical care, access to a lawyer and “observing his other Charter rights.”
Froehlich declined outside court to elaborate on those apparent errors on the part of police.
Cook’s parents also declined comment.