Skip to content
Join our Newsletter

Driver who hit Saanich girl, caused severe brain injury, granted parole

In a decision released by the Parole Board of Canada, the board said Tenessa Rayann Nikirk, 25, has accepted responsibility for what happened and understands the harm she caused.
web1_vka-court-3705
Leila Bui with parents Kairry Nguyen and Tuan Bui in January 2020, after Tenessa Nikirk (not in photo) was found guilty in the Saanich crash. ADRIAN LAM, TIMES COLONIST

The mother of a then-11-year-old girl who suffered a severe brain injury when she was hit in a Saanich crosswalk by a speeding SUV in 2017 says she is stunned the driver was granted full parole.

In a decision released by the Parole Board of Canada, the board said Tenessa Rayann Nikirk, 25, has accepted responsibility for the crash that severely injured Leila Bui and understands the harm she caused.

During her time in prison, the board said, Nikirk demonstrated positive behaviour, had no security incidents, and completed programs with good results.

“We’re quite shocked that she got full parole — we’re still processing [it],” Leila’s mother, Kairry Nguyen, said in a phone interview. “I don’t think she has learned anything.”

Leila suffered severe brain damage, a fractured neck and lacerated spleen when she was hit and thrown 26 metres while crossing Ash Road at Torquay Drive on her way to school on Dec. 20, 2017, ending up wedged under an oncoming car.

Doctors said Leila would “be a vegetable, non-functional,” said Nguyen, but following two more surgeries in the spring, she has made small advances, “and that’s all we can hope for right now.”

At Nikirk’s trial, the court heard she was driving an SUV at 95 to 100 kilometres an hour in a 50 km/h zone on wet, frosty roads before she hit Leila. She also sent and received 23 text messages in the 15 minutes prior to the crash, while on her way to work.

“You drove recklessly, speeding, tailgating other vehicles, passing vehicles on a solid line into oncoming traffic, and texting as you drove,” says the parole board report.

In December 2020, Nikirk was sentenced to two years in prison for dangerous driving causing bodily harm. She also received a three-year driving prohibition. An appeal, filed eight days after her sentencing, was denied in January.

“I personally don’t think that she’s that remorseful,” said Nguyen. “She fought this thing from the very beginning, fought the responsibility and her role in the whole thing. And now, after the fact, after everything that she’s tried didn’t work, and now she gets parole.”

After Nikirk’s appeal was denied and she began serving her sentence in January, Nguyen thought a message was being sent to “reckless and irresponsible” drivers. That’s now undermined by the decision to give her full parole, she said.

“It’s not sending that strong message that we were hoping that it would, you know, and honestly, I don’t think she she has learned anything.”

While Nikirk had no previous criminal history, the board noted, she received a warning letter after a driving complaint in October 2017 against a vehicle registered in her name that was aggressively tailgating.

Nikirk also had three prior driving violations for speeding and four unpaid fines related to administrative suspensions. In addition, she received a ticket for speeding in July 2019.

“I think a person who is traumatized and apprehensive about getting behind the wheel after such a traumatic incident, you would think you would be more aware, more cautious, and you would not be speeding,” said Nguyen.

Nikirk admitted to the board she drove “aggressively” and “arrogantly” and felt the need to always be available to her mother by text.

“Looking back on the period leading up to your offence you said it was a stressful and emotional period,” the board said. “You spoke about your mother’s relationship with an abusive partner and how this instilled fear, uncertainty and disruption.”

The board said Nikirk had some problems with bullies and mental-health issues, and turned to marijuana and alcohol. She has since stopped drinking and reduced her marijuana use.

“Your accountability and motivation were rated high,” the board said. “Reintegration potential is also rated high.”

It said Nikirk is “incredibly remorseful and traumatized” by the crash.

“Immediate family members and your intimate partner state their ongoing support for you,” the board said. “Your mother attended the hearing and showed her ongoing support as an observer.”

Her parole officer supported a full-parole release.

The board said Nikirk was open and thoughtful at her parole hearing, as well as nervous and at times emotional.

Nikirk told the board she preferred full parole over day parole because living with her mother would be a better and safer option than a halfway house.

Meanwhile, Leila’s parents look for the “tiny little things” that show their daughter is progressing in her recovery. “In just over two years now, her little smirk has become a full smile,” said her mother. “Her smiling is a huge thing for us.”

Leila’s eyes are also better able to track sound now and she’s more present.

“She knows that people are around her — she’s trying to take control of her condition,” said Nguyen. “Whether or not she can really see and process what she’s seeing, we don’t know, but we know that she knows that we’re there.”

jbell@timescolonist.com

ceharnett@timescolonist.com