No jail time for man guilty of reckless driving that killed woman on mountain near Osoyoos

Photo: Castanet

No jail time for man whose passenger died after reckless driving near Osoyoos.

The man behind the wheel of a vehicle that sped off a mountain road near Osoyoos, killing a woman, will see no jail time.

Stanley Marshall, who is in his early 60s, appeared in Penticton court on Monday.

He had previously pleaded guilty to “driving without due care and attention” during a June 17, 2023 incident that led to the death of his passenger.

Court heard that Marshall had purchased a vehicle as a gift to his partner, Katherine Roy, and was driving the vehicle with Roy in the Anarchist Mountain area near Osoyoos in the early hours of that date — an area with sharp turns and speed warnings.

At 1:52 a.m., on a very clear evening, the vehicle went off the road in that winding area and tumbled down the embankment towards Osoyoos.

During the crash, the vehicle rolled over after hitting natural elements including a boulder.

Marshall was saved from the driver’s seat, but Katherine Roy was found dead in the passenger seat. He maintains he does not remember what happened that night.

Analysis showed that the vehicle braked hard before a curve, and was travelling between 108 and 128 kilometres per hour at the point where the brake marks started.

A speed advisory in the area, due to the curve, is 50 kilometres per hour, and the actual limit is 80 kilometres per hour.

“[Katherine Roy] was an incredible woman, she was kind, compassionate and full of love,” her daughter said in open court.

“Everyone who met her loved her. She had this warmth and energy that made people feel seen, heard and cared for, whether it was family, friends, coworkers [ ...] it left a lasting impact everyone she crossed [paths with].”

Roy was reportedly over the moon to have a new grandchild, who was very young when Roy died in the crash.

“The man responsible for the crash was driving carelessly on a dark, windy mountain road,” Roy’s daughter said.

“Whether it was intentional or not, the reckless decision to drive that way cost my mom her life.”

Marshall has faced no charges of intentionality in this case. No evidence of drugs or alcohol was found.

Marshall was openly emotional in court on Monday.

“It happened, I don’t know, I don’t remember anything, and if there’s anything I can do for the family […] there’s not a day that goes by [I don't] miss her […] Your Honour [...] what more can I say? It's been hell for me too,” Marshall said, occasionally becoming difficult to understand through his tears.

He submitted a written statement to the judge, which further expressed his regret for the incident. The judge read the statement before passing sentence.

“This was a tragic circumstance. Nothing I can do today will help,” said Judge Lynnet Jung.

She sentenced Marshall to a $1,000 fine and a one year driving suspension, which had been a suggestion from the Crown given Marshall’s record, remorse and guilty plea, amongst other factors.

Jung also offered her sympathy to Roy’s family, and warned Marshall not to breach his driving prohibition, lest he face further punishment.