B.C. man had 'cocktail of intoxicants' in system during crash that killed pregnant girlfriend, court hears

The provincial courthouse in Prince George, B.C., is seen in a Google Maps image captured in August 2018.

A man from east-central B.C. who pleaded guilty to dangerous driving in a crash that killed his pregnant girlfriend has been given a conditional sentence to be served at his grandfather's home.

The court heard Valemount resident Duane Smith was going as fast as 149 km/h – on a stretch of Highway 16 with a 100 km/h limit – when he rolled his Buick sedan in September 2019, leaving his girlfriend Dakota Shaw with traumatic injuries.

Shaw was ejected from the vehicle during the collision, and died hours later at the University Hospital of Northern British Columbia.

Shaw was 21 years old and three months pregnant at the time. Smith was 41.

Speaking to a paramedic at the crash scene, Smith admitted he'd been driving "way too fast," according to a Feb. 15 court decision that was recently posted online.

Judge Judith Doulis noted the roads were dry and traffic was light on the highway that day – but described Smith's behaviour behind the wheel as "excessively dangerous."

"The collision was not the result of a momentary lapse of attention," Doulis wrote. "Witnesses described Duane Smith as driving into the oncoming lane for a prolonged period, including around curves; swerving; straddling the centre line; and on one occasion nearly sideswiping another vehicle."

The court also heard the driver's urine tested positive for a "cocktail of intoxicants" that included methamphetamine, amphetamine, fentanyl and oxycodone, though a toxicology report submitted at trial stressed that the results only proved he had used the drugs "at some previous point in time."

"No direct inference can be made as to the degree of impairment or the time frame under which the drugs were used based solely on a urine analytical result," reads a portion of the report quoted in Doulis's decision.

Smith was initially charged with impaired driving causing death and dangerous driving causing death, but only pleaded guilty to the latter charge.

Before sentencing, Doulis considered a number of aggravating factors that included Smith's age, calling him "not a youthful offender" who "ought to have known better." The court also heard there were two animals – a kitten and a dog – who weren't secured and were making a commotion in the vehicle prior to the crash.

The judge also weighed several mitigating factors, including Smith's guilty plea, his lack of a criminal record, and his Indigenous heritage. He gained Métis status, through his maternal grandmother, with help from the Valemount Métis Association, the court heard.

Doulis also considered Smith's mental health issues, including post-traumatic stress disorder, which stemmed from a serious logging accident decades earlier that left him deaf and blind on his left side, and led him to become addicted to opioids.

Prosecutors asked the court to consider a sentence of two years behind bars for Smith, while the defence argued a conditional sentence would be more appropriate.

Doulis ultimately sided with the defence, finding that allowing Smith to serve his time under house arrest with his grandfather, who cared for him when he was younger, would not pose a danger to public safety.

"Dakota Shaw's death was tragic. No sentence I can impose on Duane Smith will bring her back to her family," the judge wrote.

"No sentence, no matter how long or punitive, can reflect Dakota Shaw’s value to her loved ones or assuage their pain or loss. Where there is death ... there can be no reparation for the harm done to the victim."

Smith will be under a long list of court-ordered conditions during his house arrest, including that he remain at the property 24 hours a day, with limited exceptions that include medical emergencies and brief outings with his grandfather during set hours. Prince George Community Corrections confirmed electronic monitoring would be feasible at the home.

After serving his sentence, Smith will also be placed on probation for another two years.