Photo: Andrew Cook Facebook

Problems with the investigation into an alleged drunk driving death in Penticton in 2015 have led to a plea deal, avoiding a trial and sending a young man to prison for 90 days.

Andrew Cook, 24, pleaded guilty Tuesday in B.C. Supreme Court to one non-criminal count of operating a motor vehicle without due care and consideration related to a Christmas Eve crash on Highway 97 in 2015 that killed 74-year-old Arlene Shepherd.

Cook was behind the wheel of a northbound minivan that lost control near Kickininee Park while passing another car in the unplowed left lane. He collided head-on with Shepherd’s oncoming compact car. The crash sent her to the ICU, where she died a month later.

Crown prosecutor Kurt Froehlich said after Cook was extricated from his vehicle, he was loaded into an ambulance where he vomited twice, during which time the paramedics detected a strong smell of alcohol.

An RCMP officer rode with Cook to the hospital and observed signs of impairment, along with head trauma.

“There was an impaired driving investigation that followed, which confirmed that the accused had alcohol in his blood at the time the collision occurred,” Froehlich said.

Cook was originally charged with three criminal counts — impaired driving causing death, driving over .08 and dangerous driving causing death — but Froehlich explained there was “a number” of issues with their case, “which created a great deal of uncertainty regarding the ability of the Crown to prove the accused's impairment or blood alcohol content.”

He added it was also “doubtful” they would have ever been able to prove the dangerous driving charge without a reasonable doubt.

The problems with the Crown’s case arose during the preliminary inquiry, Froehlich said.

Justice Alison Beames elaborated on the problems with the Crown’s case, and said they may have been attributed to the police investigation, “which may in part relate to the fact that Mr. Cook clearly was in need of transport to the hospital.”

“There may have been challenges with respect to obtaining proper access to counsel and observing his other Charter rights,” she added.

Froehlich told Beames that Shepherd’s family, who was seated in the courtroom, was supportive of the plea deal.

Defence lawyer Don Skogstad said his client made a “miscalculation” when he attempted to pass another vehicle by using the unplowed left lane.

“It’s a miscalculation, as well as a young fellow not familiar with the elimination rates of alcohol,” he said.

He explained Cook has recently obtained a diploma in marketing and music production from BCIT, and is prepared to delay the start of his career to serve three months at Okanagan Correctional Centre.

“I just want to reiterate how much regret I have for the decision I made,” Cook said, weeping while standing in the prisoner’s box. “My most sincere apologies to the family and everyone affected by the choice that I made. I’m so, so sorry.”

Justice Beames accepted the joint-submission, acknowledging the problems with the Crown’s case and highlighting the loss of Arlene Shepherd.

She noted that after the crash, her first concern was actually the condition of Cook, “which speaks volume with respect to her character.”

“She sounds like someone who had a lot of friends in the community,” she added.

After the 90-day jail term, Cook will serve a two-year driving ban.