Sentencing has started for a driver who left a Cedar pub, struck and killed an elderly pedestrian, and fled the scene.
Justin Kenneth Nicholls, 27, was charged this past February and pleaded guilty to failing to stop at the scene of an accident that resulted in death the year before, when Bertha Abma, 90, was struck by a vehicle along the southbound lane on Cedar Road and was pronounced dead at the scene.
The sentencing hearing began Wednesday, Sept. 24, in B.C. provincial court in Nanaimo.
According to an agreed statement of facts from Jordan Hauschildt, crown counsel, and Michael Mulligan, defence, Nicholls had consumed beer and spirits before leaving the pub on Feb. 24, 2024. Based on the investigation, the sports-utility vehicle which struck Abma, who was not wearing reflective clothing, was being driven 53-63 kilometres per hour in a 60km/h zone.
Abma was struck from behind and the autopsy revealed she had been in walking when the incident occurred. Among her injuries was a broken spine.
Two days after the incident, Nicholls made a car insurance claim, in which he asserted that he had struck a deer in the Nanaimo Lakes Road area. Tips, including from Abma’s family, came in implicating Nicholls. The subsequent investigation involved police obtaining video surveillance and receipts from the pub, executing a search warrant, and seizing the SUV.
Two days after the search, Nicholls went to the Nanaimo RCMP detachment where he owned up to the offence and admitted to lying about hitting the deer. During the interview, he said he had looked down to light a cigarette prior to the collision. He said he stopped for a few minutes, believing that the victim was unconscious, but panicked and drove home. He also said he did not consume alcohol.
While he initially claimed he was alone in the car, Nicholls revealed in subsequent interviews that a friend was also in the vehicle, who told him to leave the scene and not to mention it to anybody. While he followed that advice initially, he told police he didn’t know of anyone who could live with that on their conscience.
The crown seeks nine to 12 months in jail, while the defence seeks a six-to-nine-month conditional sentence to be served in the community.
Hauschildt stated that while Nicholls entering a guilty plea was a mitigating factor, fleeing the scene and lying about it were aggravating factors. While there was no evidence before the court related to impaired driving, the guilty man had been consuming alcohol.
Mulligan agreed the plea was a mitigating circumstance, and also pointed to his client's lack of a criminal record. In addition, he said his client lost employment and has been ostracized in the community.
Abma was a member of Ladysmith First United Church and Rev. Deb Hinksman read a number of victim impact statements from the congregation and Abma’s family. Hinksman said Abma was a strong woman of faith who was “involved in every fundraiser” and a “powerhouse of energy.”
Nicholls addressed the court, stating he was sorry for the pain he caused Abma’s friends and family and takes full responsibility. He expounded in a letter to Abma’s family, read by Mulligan, which stated his remorse was genuine and he “understands the gravity” of his actions and is “committed to taking responsibility and living with this truth for the rest of [his] life.”
Judge Tamara Hodge said she needs time to determine sentencing and a date for her decision is expected to be established Oct. 7.
