Charges are being considered against a West Shore RCMP officer in connection with the motor-vehicle crash that killed Const. Sarah Beckett last year.
Beckett, a 32-year-old mother of two, died in the early morning of April 5, 2016, after her RCMP cruiser was struck by a pickup truck at Peatt Road and Goldstream Avenue in Langford.
Kenneth Jacob Fenton, 28, has been charged with impaired driving causing her death, dangerous driving causing death, flight from police causing death, driving with blood alcohol over .08 and refusing to provide a blood sample to police.
On Thursday, the Independent Investigations Office of B.C. said it has filed a report to Crown counsel “for consideration of charges” in connection with the fatal crash.
According to an IIO statement, before the collision, another RCMP officer tried to pull over the pickup truck. The driver of the truck did not stop and collided with Beckett’s police car in the intersection, killing her.
The IIO investigation focused on the actions of that RCMP officer, the circumstances surrounding the collision and the subsequent information provided to the RCMP by the officer.
After reviewing the investigation, the IIO’s chief civilian director forwarded a report to the Crown.
“This is required when the director considers that an officer may have committed an offence under any enactment,” the statement said.
Enactments include the Criminal Code, the Motor Vehicle Act or a bylaw infraction.
At the time of the fatal collision, the RCMP notified the IIO, but no IIO investigation was launched.
On April 15, 10 days after Beckett’s death, the IIO announced it would be conducting an independent investigation because it had received information that an officer had tried to stop the suspect vehicle before the crash.
The IIO statement emphasizes that the threshold for referral to the Crown is lower for the IIO than for other law enforcement agencies in B.C.
The IIO does not recommend whether charges should be approved. The Criminal Justice Branch has jurisdiction over charge assessment and charge approval. Dan McLaughlin, communications counsel for the branch, said it’s not possible to speculate on potential charges or estimate how long the process will take.
When a decision is reached, the Criminal Justice Branch will provide a public statement on its conclusion, he said.
In approving charges, the Crown must be satisfied not only that an offence may have been committed, but that the commission of an offence can be proven in court beyond a reasonable doubt.
There must also be substantial likelihood of conviction and prosecution must be in the public interest.
“We’re not providing any comments on any other agency’s investigation and that includes the IIO,” said West Shore RCMP spokesman Const. Alex Bérubé. “It would not be responsible for us to comment on that.”
Last week, Victoria lawyer Dale Marshall, who along with his law partner Chris Massey is representing Fenton, asked a provincial court judge for an adjournment until Feb. 9 to allow for a review of IIO’s report.
“I am of the opinion that the IIO has material that could be relevant and needs to be reviewed before an election is made and a plea entered,” Marshall said.
On Thursday, Marshall said he is waiting for the Crown to send him a copy of the IIO investigation. “Once we have the report, we will review it and take instructions from our client.”
An update on the IIO website indicates that the actions of West Shore RCMP officers are no longer being investigated in connection with an unrelated car rollover injury involving Fenton on May 22, 2016.
IIO officials were notified and sent investigators. The agency said it released its jurisdiction on July 15 because the injuries suffered by people in the incident did not meet the threshold of serious harm.
ldickson@timescolonist.com
