TRU coach says decision on McGill Road crash charges let down 'the entire community'

Photo: Castanet

A memorial of flowers, photos, handwritten notes and WolfPack gear sat at the corner of McGill Road and University Drive after Owyn McInnis was killed in a multi-vehicle crash on Nov. 29, 2023.

The head coach of Thompson Rivers University’s men’s volleyball team says he is “bitterly disappointed” after learning criminal charges will not be laid in connection with a fatal collision that killed one of his players and seriously injured two others.

He’s not alone. The decision is also confounding teammates and family members of the victims, including a longtime Mountie who said he was “horrified” and confused to find out the alleged driver will not be charged criminally.

One year ago, on the afternoon of Nov. 29, 2023, a black Dodge Ram pickup truck struck several trees along McGill Road before slamming into the back of a Volkswagen Jetta stopped at a red light at University Drive.

Three members of TRU’s men’s volleyball team were inside the Jetta — Owyn McInnis, Riley Brinnen and Owen Waterhouse. McInnis died, while Brinnen and Waterhouse suffered serious injuries.

Six vehicles were involved in the crash and 11 people were injured, seven of them requiring treatment in hospital.

Following a lengthy and "complex" police investigation, Mounties sent their findings to the Kamloops Crown counsel office. On Monday, prosecutors informed those close to the team that criminal charges would not be laid and the alleged driver would instead be ticketed under the Motor Vehicle Act.

Coach, parents feel let down

Pat Hennelly said he isn’t sure where his players go from here.

“We said back in the beginning of the year that we wanted to focus on volleyball and moving forward, but that has not been the case so far and it certainly won’t be the case right now,” the longtime TRU men’s volleyball coach told Castanet Kamloops.

“I can’t even begin to guess what this news would do to a guy. For me, I am bitterly disappointed in the justice system. I feel like Crown counsel did not represent Kamloops and I expect the entire community to be disappointed in that decision.”

Chris Brinnen, father of Riley Brinnen, said he was just as confused as Hennelly.

Brinnen was an RCMP officer for 25 years, during which time investigating fatal collisions was occasionally part of the job. He said things aren’t adding up for him.

“Prior to Monday, I was hopeful that the right decision would be made. With the minimal information we got from the file, I thought the police pushed the right charges to the Crown,” he said.

“I thought there was more than enough evidence to go down the Criminal Code path, according to my experience.”

'Just not enough evidence'

Police are refusing to say what charges they recommended to prosecutors, and Brinnen acknowledged he is only guessing based on his decades as a Mountie.

When Castanet Kamloops asked specifically whether criminal charges were recommended by police, all RCMP Supt. Jeff Pelley would say was that his detachment conducted a “criminal investigation” into the collision.

Robert Diab, a professor in the law school at TRU and himself a criminal defence lawyer, said he thinks police likely recommended three serious charges under the Criminal Code — two counts of dangerous operation of a motor vehicle causing bodily harm and one of dangerous operation of a motor vehicle causing death. Brinnen's theory was the same.

Diab said dangerous operation charges require prosecutors to prove that a driver’s actions were “a marked departure” from the conduct of a reasonable person in a similar circumstance.

“I suspect that in this case, because they decided not to proceed under the Criminal Code, they probably did not have much to work with,” he said, suggesting that could mean a lack of eyewitnesses or video evidence.

“They just took an honest look at this and said it’s going to be very difficult to prove that the driving met the criminal standard. That’s difficult and unfortunate, but it’s a reality the Crown deals with.”

Diab said prosecutors in such circumstances are playing the cards they have been dealt by the evidence.

“The Crown is simply dealing with the basic fact that in our legal system, people are presumed innocent until proven guilty — the burden of proof rests on the prosecution to prove the offence beyond a reasonable doubt,” he said.

“Sometimes there is just not enough evidence to proceed. In this case, there was not enough evidence and it sounds to me that the Crown has made their decision based on that."

‘There was a lot of rage’

Brinnen said it was an emotional scene on Monday when families heard the news from prosecutors.

“As a parent, it was horrifying to listen to the Crown read their decision. It was even delivered in a very upbeat and positive way, thinking they thought they had all the evidence to proceed with those traffic charges,” he said.

“There was a lot of rage, heartbreak and disgust in that room.”

In the days since, an effort has launched to have the case reviewed. Brinnen said it’s happened before, pointing to a 2021 case in the Lower Mainland in which charges relating to a deadly collision were upgraded following a review brought on by a campaign from the family of the deceased.

“Our boys are healing now,” Brinnen said.

“It’s up to us, the parents and the community, to fight for this, to see if we can get this reviewed. Just look at the photos and the carnage — this wasn’t a typical fender bender.”

Can players speak out?

TRU volleyball players were told to direct questions from reporters to the university's athletics department. Many of the players took that to mean they were being silenced.

But former WolfPack libero Dylan Van Spankeren, who now attends the University of Calgary, would be bound by no such requirement.

“Monday was ridiculous,” he told Castanet. “How can you call that justice? This is bullshit.”

Van Spankeren, who was McInnis' roommate and close friend, said the WolfPack community is “pissed off.” He called the potential penalties “laughable and unjust” given the nature of the crash.

And he said he was “shocked” to hear his former WolfPack teammates saying they'd been muzzled.

“Unless the university has some other plans behind the scenes, this is ridiculous,” he said.

Another former teammate, Brendon Lord, echoed that sentiment.

“I think it’s insane that they are wanting to silence the athletes,” he said. “The players should be allowed to talk freely about a situation that involved our best friends and teammates.”

'Bring it on,' coach says

Hennelly said he, too, was told not to speak with reporters. He said a senior-level TRU administrator threatened him with suspension if he did.

But he felt it was an important stand to take — and a worthwhile gamble given all the circumstances.

“If they want to suspend me for anything I have said, bring it on,” said Hennelly, the reigning national coach of the year who has been at TRU since 2005.

“I will have no problem leaving this place with my head held high, knowing I did everything in my power to try and get this case reviewed higher up in the legal system.”

Castanet asked a TRU spokesperson to respond to the silencing allegations. In a statement, the university said no one has been muzzled.

According to TRU, students were offered "communications help" if approached by reporters, and employees were warned not to express any opinions on behalf of the university.

Late in the day on Wednesday, players received an email from the university telling them they were free to speak and comment on the case without fear of repercussion.

Game night on anniversary

The WolfPack will put their 2-6 record on the line this weekend in Saskatoon, where they will take on the University of Saskatchewan Huskies (4-4) on Friday and Saturday.

The Huskies plan to hold a raffle on Friday night, the one-year anniversary of the crash, with proceeds going to the Owyn McInnis Memorial Men’s Volleyball Athletic Award.

The award was set up by TRU last year to ensure McInnis' legacy lives on. It launched thanks to a $20,000 contribution from two anonymous donors.

— with files from Michael Potestio and Josh Dawson

What do prosecutors have to say about this case? Hear from the BC Prosecution Service in a story in Castanet Kamloops on Saturday morning.

Photo: Castanet

Emergency crews on scene at a fatal multi-vehicle collision on Nov. 29, 2023, on McGill Road near Thompson Rivers University.