Andrew Anthony Charles's conviction yesterday of impaired driving causing death in a horrific accident four years ago on Metchosin Road was greeted with relief and sadness by his two victims' families.
"The last four years, you try every day to just let your children carry on their journey. But it's hard to wake up every morning knowing that they are not going to be there," said Denise Nelson, mother of 20-year-old Doreen Joseph of Alert Bay, who died in the crash. "And now with this conviction, it's put peace in my heart and I'm able to let her carry on her journey."
Bonnie Charles was sad to hear the details of how her son Glen Charles Jr., 23, died, but glad the trial was over. "It's a big relief," she said. "I can let him go on his journey now."
Joseph was Andrew Charles's girlfriend, while Glen Jr. was his cousin.
Glen Jr.'s father Glen Jim was thankful for the judge's verdict. "I've been waiting for this a long time," he said.
sa国际传媒 Supreme Court Justice Dean Wilson has allowed Charles, who was also convicted of dangerous driving causing death, to remain on bail until his sentencing Oct. 30. Wilson has ordered a psychological report and a presentence report -- which looks at extenuating circumstances that should be taken into account in sentencing -- that will include appropriate alternatives to incarceration for aboriginal people.
Wilson found Andrew Charles was driving the 1993 Colt when it struck a telephone pole just after 1 a.m. on April 23, 2005. The pole ripped the car in half, crushing Glen Jr. and flinging Joseph through the windshield. Both were pronounced dead at the scene. Andrew Charles escaped with a broken wrist, lacerations and abrasions, the judge noted.
"There's no other rational conclusion than that the accused is guilty," said Wilson.
Wilson accepted the evidence of Raymona Peter, who hosted a small party in her trailer a few hours before the crash and testified that Andrew Charles was drunk when he arrived that night and continued to drink.
Peter testified that when the young people left the party, she saw Glen Jr. get in the passenger side of the car. She also watched Joseph go around the car and climb into the back seat on the driver's side.
"I found Miss Peter to be a creditable and credible witness," said Wilson. "She had a genuine sense that she was somehow responsible for what transpired. The events of that night would have been imprinted on her mind. In the opinion of Miss Peter, Andrew Charles was impaired by alcohol. She expressed regret she had not grabbed him and stopped him from driving because he was too drunk."
Wilson accepted evidence from Jonathan Lawrence, an expert in motor-vehicle-accident reconstruction, that the driver was the most likely person to leave DNA on the driver's-side windshield. Andrew Charles's DNA was found on the driver's side airbag and the driver's side windshield. Glen Jr.'s DNA was found on the passenger's side mirror.
He also accepted the evidence of Alyssa DeMarco, a biomechanical engineer, who testified that the injuries sustained by Glen Charles Jr. were consistent with him being seated in the passenger seat when the pole ripped off the right side of the car.
Andrew Charles's statement that Glen Charles Jr. was driving is not true, said Wilson. "He was the driver of the car."
On the dangerous-driving charge, Wilson found Charles was impaired, he was speeding and his vehicle was defective. The car would not have passed a government certification inspection. It had a steering defect and the right front brake was completely worn through.
Andrew Charles's mother, Charlene, said she was shocked by the verdict and hopes to appeal.
"He's lost a lot," she gestured at his son. "The girl he loved, his best friend who was the cousin he grew up with, and his dog."
