Loved ones of student victims in Kamloops, B.C., crash outraged at lack of criminal charges

Family members of victims are expressing outrage that criminal charges have not been laid in connection with a 2023 multi-vehicle crash that killed a university volleyball player and seriously injured two of his teammates in Kamloops, B.C., a year ago.  

The driver of a truck involved in the crash, which occurred near the Thompson Rivers University (TRU) campus on Nov. 29, 2023, has been charged under the Motor Vehicle Act, Kamloops RCMP announced Monday.

Student Owyn McInnis, 22, died in the crash and two of his TRU volleyball teammates were seriously injured when their Volkswagen car was hit by an out-of-control Dodge Ram truck and pushed into a busy intersection, causing a vehicle pileup.

Seven other people were hurt in the pileup, three of whom needed hospital care, police said at the time.

Colval Shaquille Abbinett, 29, has been charged with one count of driving without due care and attention and another of driving without reasonable consideration, RCMP said. He is scheduled for his first court appearance on Dec. 23.

Kamloops RCMP said after the crash that the driver remained at the scene and was not impaired by drugs or alcohol.

Family calls for criminal charges

Chris Brinnen, whose son Riley suffered life-altering injuries in the crash, said Wednesday that he feels "shock" and "anger" that the driver is not facing criminal charges.

"It's something you can probably never wrap your head around," he told CBC's Daybreak Kamloops.

Brinnen, a former police officer, questions the Crown's decision.

"The reason for not pressing criminal charges was extremely vague," he said.

Robert Diab, a TRU law professor, says the decision to pursue criminal charges hinges on whether there is a substantial likelihood of conviction and whether it's in the public interest.

"So, in this case, it was clearly in the public interest to proceed with a criminal charge," Diab told CBC's Daybreak Kamloops. "It was just a question of whether there was enough evidence."

He said the driver could face a fine, driving prohibition, and up to six months of jail time. He also said Crown could change its mind about criminal charges if more evidence is acquired. 

Brinnen said he hopes to have the case reviewed and plans to "keep pushing" to have criminal charges laid.

Victims, family continue to deal with crash aftermath

Brinnen said Riley suffered an incomplete spinal cord injury and lives at the university with his TRU volleyball teammates, adding that the support he receives from peers makes it the "best place for him."

"He's making the most of what he got handed to him," Brinnen said.

The fiancée of McInnis said the lack of criminal charges against the driver was "a betrayal."

"How can anyone move forward past these charges?" Amberly Wingenbach wrote in a statement to CBC News. 

"To me, the message became clear: that a life so full of potential and happiness can be reduced to an afterthought in the eyes of our justice system."

A scholarship in McInnis's memory was set up after his death, according to the TRU athletics department.

Riley Brinnen's stepmother Karri said the crash has changed the lives of everyone involved.

"To have gone through the physical and emotional battles with our kids and to see that justice is not being served the way we would expect it to, I think we're all pretty enraged right now," said Karri.

"It's just not fair."