A Central Saanich man who struck and killed a Victoria woman and critically injured her sister almost four years ago had likely fallen asleep at the wheel as he crashed down from a methamphetamine high, the Crown argued Monday in B.C. Supreme Court.
Anthony Thomas has pleaded not guilty to six driving offences, including impaired driving and dangerous driving causing the death of Kim Ward on Aug. 27, 2018, and impaired driving and dangerous driving causing bodily harm to her sister, Tracy Ward.
Ward, 51, was a Victoria massage therapist who had worked with some of Canada’s top athletes at two Olympics. At the time of her death, Ward and her sister were visiting their mother. Tracy Ward has never recovered from her injuries.
In final submissions, prosecutor Tim Stokes reminded Justice Brian MacKenzie that Thomas has admitted he was driving the Jeep involved in the collision. Several witnesses described the Jeep gradually veering left over the centre line into the oncoming lane, then onto the shoulder of the road and grass where the two women were walking.
Thomas was driving more than 20 km/h over the posted speed limit, said Stokes. The Jeep’s event data recorder showed Thomas was travelling at between 76 km/h and 78 km/h in the five seconds immediately before the crash. Witnesses testified they did not see his brake lights come on before the collision.
Expert toxicologist Kimberly Young earlier testified that the methamphetamine in Thomas’s blood sample — 297 nanograms per millilitre — was consistent with a moderate-to-high single acute dose. It was also consistent with chronic use — several doses or a larger quantity taken earlier.
She told the court that high-dose and chronic methamphetamine users experience a crash phase after the active effects. She said she would expect someone with a blood concentration of 297 nanograms per millilitre of methamphetamine to experience a crash phase.
“This phase includes an overwhelming sense of being tired, fatigue, irritability and very sleepy,” Stokes said. “The crash phase is more intense with higher and more frequent use.”
The amount of Alprazolam in Thomas’s blood was at a therapeutic level, but even low levels can cause severe impairment, said Stokes. The main risk associated with it is sedation.
A few minutes before the fatal collision, Thomas was involved in a minor traffic incident.
“The circumstances of that should have shown him that not only was he not attentive to driving, but he was causing damage and was not suitable to drive,” said Stokes. “He ought to have seen the warning signs and stopped.”
Thomas should have realized that by continuing to drive, he was putting himself and others at risk, said Stokes.
“His decision to risk driving in these circumstances led to him falling asleep, veering off the road and caused the death of Kim Ward and bodily harm to Tracy Ward,” he said.
