
The families of three student-athletes involved in a multi-vehicle crash on McGill Road say they have lined up a meeting next week with B.C.’s deputy attorney general.
There, they hope to convince deputy minister Barbara Carmichael to have the file independently reviewed.
The man alleged to be responsible, Colval Shaquille Abbinett, is facing two driving charges under the Motor Vehicle Act. The families want to see those upgraded to criminal charges of dangerous driving causing death and dangerous driving causing bodily harm.
Abbinett, 29, is alleged to have been behind the wheel of a black Dodge Ram on Nov. 29, 2023, when it slammed into a Volkswagen Jetta on McGill Road near Thompson Rivers University.
Inside the Jetta were three members of TRU’s men’s volleyball team — Owyn McInnis, Riley Brinnen and Owen Waterhouse. McInnis was killed while Brinnen suffered spinal cord damage and Waterhouse a brain injury. Both have made strides in their recovery.
'We want consequences'
Family members of the three men have taken up a letter writing campaign to convince the Crown to pursue the criminal charges of dangerous driving causing death and dangerous driving causing injury.
“People have been asking for the last year what is going on, and not understanding why there isn’t criminal charges," Erin Walter, McInns' mother, told Castanet Kamloops.
"So for us to get loud was to say, ‘What is happening?’ — and we want justice and we want consequences."
The meeting family members have with Carmichael is scheduled for next Monday. Castanet Kamloops has reached out to the Ministry of Attorney General about the meeting and did not hear back.
The families have been calling on the government for a review and charge upgrade upgrade since Nov. 25, when they learned that criminal charges will not be pursued.
Plenty of support
Karri Brinnen, Riley’s stepmom, said hundreds of people have written letters on their behalf calling for a review.
“Our letter writing campaign, from what we hear from the politicians that we've talked to, has been quite successful in getting eyes on the case,” Karri said.
“We’re not ready to just walk away from this,” she said.
The BC Prosecution Service issued a press release on Dec. 6 saying a “senior-level review” into the charge assessment decision was conducted by a regional Crown counsel, who concluded MVA charges are the only ones that met the charge assessment standard based on the available evidence.
“In order to proceed with a prosecution, Crown counsel must be satisfied there is a substantial likelihood of conviction,” the BCPS stated in its release.
“In assessing the likelihood of conviction, Crown counsel must always consider the evidence gathered by the investigation and the viability of relevant defences, with reference to the jurisprudence from our courts.”
'There is precedent'
The families of the victims, however, want fresh eyes on the case and the file independently reviewed by a Crown office either outside the province or outside the region.
“There is precedent where it's happened, and that's why we've been pushing to talk to the attorney general, or anybody in that office,” Brinnen said.
Brinnen noted one example of an independent review happening in 2021 when a B.C. woman died after her vehicle hit a poorly lit combine harvester on a dark road in Delta. In that instance, family outcry for a lack of a charge compelled the Delta Police to have the Vancouver Police review the file, which lead to a charge recommendation.
Brinnen said she struggles with the fact that in B.C., it’s the Crown, not the police that ultimately lay the charges pursued, which is not the case in other provinces.
“It feels like the Crown has this ability to be judge and jury before it ever reaches a court,” she said.
“Or at least take it to a preliminary hearing, where the judge decides if there's enough evidence to proceed or not,” said Chris Brinnen, Riley’s dad and a retired RCMP officer.
Criminal charges were on table
The victims’ family members told Castanet they were told by investigators that police recommend the Criminal Code charges they are seeking, though Mounties have not confirmed that.
Kamloops RCMP Supt. Jeff Pelley has said only that police launched a criminal investigation against Abbinett — something Chris Brinnen said was communicated by Mounties for the past year, prior to the Nov. 25 meeting.
“We were always told this was a criminal investigation and criminal charges were recommended,” Karri Brinnen said.
Other family members told Castanet police told them they had enough evidence to proceed with criminal charges and that was why the investigation took almost the entire year.
The penalties for the charges Abbinett is currently facing are typically fines of $368, to a maximum of $2,000. A driving prohibition is also on the table.
Chris Brinnen said the families hope to convince the Crown that pursuing criminal charges is “a winnable fight” albeit “not a guaranteed fight” in the courts.
Abbinett is due in court on Jan. 16.
Did you see what happened?
The families are hoping any witnesses or people who may have footage of or information about the crash will come forward to speak with them.
They are also hoping to speak to people who were in the other vehicles that were involved.
Anyone who witnessed or was involved in the collision can contact Castanet Kamloops by email and we can pass your message on.