Prosecutors say evidence not enough to meet criminal standard in fatal McGill Road crash

The BC Prosecution Service is offering little explanation as to why criminal charges are not being pursued in connection with a collision that killed a Thompson Rivers University student-athlete and seriously injured two of his teammates.

On 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.

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.

Colval Shaquille Abbinett, 29, is facing one count each of driving without due care and attention and driving without reasonable consideration, offences under B.C.’s Motor Vehicle Act.

Standard not met?

Ann Seymour, acting communications counsel for the BC Prosecution Service, told Castanet Kamloops criminal charges were not laid because "the charge assessment standard for Criminal Code offences was not met.”

That charge assessment test has two parts — whether a prosecution is in the public interest and whether there is a substantial likelihood of conviction.

"As the matter is now before the court, the BC Prosecution Service will have no further comment at this time,” Seymour said when asked for more detail about what went into the Crown's decision.

She also said the Crown won't comment on its discussions with police agencies.

Castanet's attempts to contact the Kamloops Crown office were referred to Seymour.

Investigators not showing cards

Police are refusing to say what charges they recommended to prosecutors. When Castanet Kamloops asked whether criminal charges were recommended by police, all RCMP Supt. Jeff Pelley would say was that his detachment "did a criminal investigation” into the collision.

Asked whether there were issues with the investigation, Pelley said that was a question for prosecutors.

“We had conducted a criminal investigation and made our recommendations of charges," he said. "Crown counsel assessed that and makes a determination on the appropriate charge."

The parents of the victims, meanwhile, have launched a letter-writing campaign calling for the Crown to reconsider criminal charges.

Chris Brinnen, retired Mountie and father of Riley Brinnen, said he expected that Abbinett would be charged with the Criminal Code offences of dangerous driving causing death and dangerous driving causing bodily harm.

From his view, he said he thinks the evidence is there.

"An individual speeding, driving on a sidewalk, taking out trees and hitting other vehicles and got to a point where he launched himself through the air and landed on our children’s car," he said.

"In my experience, more than enough evidence to at least pick this fight."

Brinnen, Waterhouse still recovering

Brinnen and Waterhouse suffered serious injuries. Brinnen suffered spinal cord damage and Waterhouse a brain injury, but both have made strides in their recovery.

Waterhouse shouldered ceremonial first serve duties at a WolfPack game on Nov. 1 and Brinnen has learned to walk again.

TRU has established the Owyn McInnis Memorial Men’s Volleyball Athletic Award, which was awarded this year for the first time.

The penalty for the charges Abbinett is facing is typically a fine of $368, to a maximum of $2,000. A driving prohibition is also on the table.

He is scheduled to make his first appearance in Kamloops provincial court on Dec. 23.