(Photo submitted)

Woman guilty of dangerous driving crash that left Saanich girl, then 11, unresponsive

Nikirk guilty of one count of dangerous driving causing bodily harm

The woman charged in the Vancouver Island 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.

RELATED: Family won’t give up on unresponsive 11-year-old crash victim

On Dec. 20, 2017, Bui was walking to school when she was struck by the driver of a late model Mercedes SUV while in a Saanich crosswalk on Ash Road at Torquay Drive. She was thrown several metres from the crosswalk.

Bui was kept in an induced coma for several weeks after the crash and has since remained in a non-responsive state, requiring constant care.

Tenessa Nikirk has been convicted in one count of dangerous driving causing bodily harm.

Bui’s family said they are pleased the court process is coming to an end but the guilty verdict doesn’t change the irrevocable damage done to their daughter and family.

“We’re just happy that it’s over,” said Leila’s mother Kierry Nguyen. “I urge drivers when they’re out there, pay attention, be careful, don’t be on your phone.

“Please don’t let this happen to another child or anybody else, ” she added, breaking into tears. “It’s devastating for the family. Very devastating. And I would never wish it on anyone.”

Bui’s father, Tuan, said Leila would be happy to know she had made a difference.

RELATED: Court hears of motorist’s erratic driving before 11-year-old girl struck in Saanich crosswalk

“If anything good can come out of this, maybe her case will set the bar,” he said. “It will hopefully determine what is harmful driving, what is excessive speeding…Leila would be happy to know she helped change behaviour to prevent this from ever happening again.”

Throughout the trial, the court heard how Nikirk had been speeding, driving erratically and sending and receiving multiple text messages before she hit Bui. The officer who searched her car after the crash found no apparatus that would have hooked up Nikirk’s cellphone to her car for hands-free use.

In his decision Provincial Court Judge Mayland McKimm points to witnesses, dash cam footage and Nikirk’s texting records.

“When the accused approached the intersection and the crosswalk, the evidence establishes that she did not slow down,” he wrote. “The 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.”

McKimm acknowledged that it’s impossible to determine the precise time of the crash and whether Nikirk was texting at the moment of impact – but he wrote that her behaviour indicated “she was engaging in distracting behaviour for some time prior to the moment of impact.”

“She was indeed distracted at the time of the accident,” he wrote. “At minimum, her thoughts were elsewhere.”

RELATED: Lawyer says SUV that hit Leila Bui was going 53 km/h at point of impact



nina.grossman@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Former Langley resident and country musician embarks on cross-province tour

Kellen Saip will perform at the Water Shed Arts Cafe on March 13

Langley teens spread the love to residents at Langley Memorial Hospital

R.E. Mountain Secondary students gifted teddy bears

Anson Yu, an R.E. Mountain Secondary student in Langley, recognized as a Loran Scholar

Yu was one of 36 recipients of the four-year undergraduate award and one of six from B.C.

Drug deaths drop by half in Langley

The total number of lethal overdoses remains higher than before the crisis began

Final four to play at 2020 Junior Boys Basketball Provincial Invitational Tournament in Langley

Walnut Grove Gators vs. St. Patrick Celtics, Sir Winston Churchill Bulldogs vs. Kelowna Owls

VIDEO: Illicit drug overdoses killed 981 in B.C. in 2019, down 38%

Chief coroner says figures were down about a third in the province’s fourth year of the opioid crisis

VIDEO: Protesters block tracks in Maple Ridge

West Coast Express train service has been suspended, buses arranged for commuters

VIDEO: B.C.’s seventh coronavirus patient at home in Fraser Health region

Canada in ‘containment’ as COVID-19 spreads in other countries

Motorists were ‘driving like their own Indy 500’ before fatal Abbotsford crash, court hears

Family member declares defence request for 90-day jail sentence a ‘joke’

B.C. takes over another Retirement Concepts senior care home

Summerland facility latest to have administrator appointed

Man pleads guilty to stabbing woman, off-duty cop outside North Delta elementary school

The suspect, whose name is under a publication ban, faced 10 charges in relation to this incident

RCMP pull office from Wet’suwet’en territory, but hereditary chiefs still want patrols to end

Chief says temporary closure of field office not enough as Coastal GasLink pipeline dispute drags on

Prescription opioids getting B.C. addicts off ‘poisoned’ street drugs

Minister Judy Darcy says Abbotsford pilot project working

Royals, Elvis, Captain Cook: Hundreds of wax figures find new life in B.C. man’s home

Former director of Victoria’s Royal London Wax Museum still hopes to revive wax figure tourism

Most Read