The woman charged in the Saanich crash that left then 11-year-old Leila Bui with severe injuries was found guilty Monday morning.
Bui and her family were present in the courtroom. The now 13-year-old girl was in a wheelchair covered by a purple blanket. She barely opened her eyes.
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On Dec. 20, 2017, Bui was walking to school when she was struck by a late model Mercedes SUV driven by Tenessa Nikirk while in a crosswalk on Ash Road at Torquay Drive. Leila was thrown several metres.
She was kept in an induced coma for several weeks after the crash and has since remained in a non-responsive state, requiring constant care.
Nikirk was convicted on one count of dangerous driving causing bodily harm.
LeilaB次元官网网址檚 family said they are pleased the court process is coming to an end but the guilty verdict doesnB次元官网网址檛 change the irrevocable damage done to their daughter and family.
B次元官网网址淲eB次元官网网址檙e just happy that itB次元官网网址檚 over,B次元官网网址 said LeilaB次元官网网址檚 mother Kairry Nguyen. B次元官网网址淚 urge drivers when theyB次元官网网址檙e out there, pay attention, be careful, donB次元官网网址檛 be on your phone.
B次元官网网址淧lease donB次元官网网址檛 let this happen to another child or anybody else, B次元官网网址 she added, breaking into tears. B次元官网网址淚tB次元官网网址檚 devastating for the family. Very devastating. And I would never wish it on anyone.B次元官网网址
BuiB次元官网网址檚 father, Tuan, said Leila would be happy to know she had made a difference.
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B次元官网网址淚f anything good can come out of this, maybe her case will set the bar,B次元官网网址 he said. B次元官网网址淚t will hopefully determine what is harmful driving, what is excessive speedingB次元官网网址 Leila would be happy to know she helped change behaviour to prevent this from ever happening again.B次元官网网址
Throughout the trial, the court heard how Nikirk had been speeding, driving erratically and sending and receiving multiple text messages before she hit Leila. The officer who searched NikirkB次元官网网址檚 car after the crash found no apparatus that would have hooked up NikirkB次元官网网址檚 cellphone to her car for hands-free use.
In his decision Provincial Court Judge Mayland McKimm points to witnesses, dash cam footage and NikirkB次元官网网址檚 texting records.
B次元官网网址淲hen the accused approached the intersection and the crosswalk, the evidence establishes that she did not slow down,B次元官网网址 he wrote. B次元官网网址淭he accused was speeding, not paying adequate attention to clearly visible markers at the crosswalk, the child and the stopped vehicles and was engaged in conversations with other parties by way of handheld device.B次元官网网址
McKimm acknowledged that itB次元官网网址檚 impossible to determine the precise time of the crash and whether Nikirk was texting at the moment of impact B次元官网网址 but he wrote that her behaviour indicated B次元官网网址渟he was engaging in distracting behaviour for some time prior to the moment of impact.
B次元官网网址淪he was indeed distracted at the time of the accident,B次元官网网址 he wrote. B次元官网网址淎t minimum, her thoughts were elsewhere.B次元官网网址
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