Paige Whitelaw, left, and Carlee De Boer, right, were killed in a car crash March 6, 2016.
Image Credit: Facebook
April 27, 2018 - 2:42 PM
VERNON - Two lives were lost and many more changed forever as a result of a young man’s choice to drive drunk two years ago in the North Okanagan.
Court heard today, April 27, how a group of five 20-year-olds were hanging out at Club 2929 in Vernon on March 6, 2016. They left around 1 a.m., intending to take a roughly ten minute drive to a parent’s house, Crown counsel Margaret Cissell said during sentencing submissions in Vernon provincial court.
All of them consumed alcohol, including Travis Dustin Fox, who got behind the wheel of a white GMC Sierra pickup truck. He was sentenced today, April 27, to three years in jail, plus a 12 month driving prohibition following his release.
Fox left downtown Vernon, taking Highway 6 towards Waddington Drive. The speed limit was 60 km; Fox was travelling roughly double that, around 146 km/h.
Fox lost control going around a curve and the vehicle tumbled off the road, coming to rest in the front garden of a local parts store. A civilian driving by was the first on scene.
Backseat passengers Page Alexandra Whitelaw and Carlee De Boer were killed. Two others sustained abrasions and soft tissue damage.
A toxicology report revealed Fox had a blood alcohol level of 151 mg in 100 ml of blood. Federal law considers anything over 80 mg (0.08 BAC) to be impaired, and in B.C. specifically, drivers can be penalized for anything over 0.05 mg.
It took more than a year for charges to be laid.
In early 2017, police said they were still waiting for lab results to come back.
Fox was eventually charged on Aug. 14, 2017 with 12 counts, including criminal negligence causing death, impaired driving causing death, causing an accident resulting in death and impaired driving causing bodily harm. He sat in court today in a black suit, fighting back sobs while the victims' families sat watching from the gallery. At the outset of the hearing, he pleaded guilty to six charges, two counts of dangerous driving causing death, two counts of impaired driving causing death and two counts of impaired driving causing bodily harm.
Cissell acknowledged Fox’s early guilty pleas and lack of a criminal record. Fox has one prior driving infraction for speeding. Cissell asked Judge Mayland McKimm to consider a jail sentence in the range of four to six years, plus a three-to-five year driving prohibition upon his release.
“The fundamental purpose here is to deter other young people from taking the same step that was taken here,” Cissell said.
She said the tragedy directly impacted five families, the four victims’ and the offender’s, and “had (extensive) repercussions throughout their small communities.”
"I WISH THIS DAY WOULD'VE COME SOONER"
Defence counsel Jeremy Jensen, assisted by Julian van der Walle, said Fox, who is now 22, behaved out of character the night of the offence and is remorseful for what happened.
“Mr. Fox is before the courts at the earliest possible (opportunity) wanting and willing and ready to accept whatever sentence this court sees fit. He unequivocally accepts that he made a terrible decision taking those keys and getting behind the wheel,” Jensen said.
He added that in this particular drinking and driving case, the other people in the vehicle were also consuming alcohol and were well aware of Fox’s level of sobriety. Insisting that he wasn’t “victim blaming” Jensen suggested the situation was therefore less aggravating.
Jensen asked the judge to consider a sentence on the lower end, in the range of two-to-four years, and a driving prohibition of one-to-three years.
Fox took an opportunity to address the families present in court. Shaking with emotion and choking back tears, he said he is here today to take responsibility for his actions.
“I know there is nothing I can say or do that will fix what’s happened. I’m very sorry to the families of Carlee and Paige. I wish I could bring them back or trade places with them. I wish this day would have come sooner to give Carlee and Paige’s families closure,” Fox said.
In his decision, Judge McKimm referenced vicitm impact statements from the victims' families indicating they are not seeking vengeance against the accused. One of the victim's mothers acknowledged that the tragedy will leave Fox scarred forever. McKimm said the offence was mitigated by Fox's deep remorse and said the fact that the victims were his friends means he will suffer their loss for the rest of his life. He added that the offence is a serious one, and said young people "drinking and driving and causing carnage is a blight on our society."
— This story was updated at 3:38 p.m. April 27, 2018 to include the result of the sentence hearing.
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