The fatal collision
Court heard Nicholls had spent an earlier portion of the evening at nearby Wheatsheaf Pub where he’d consumed two beers and two shots between 6:30 p.m. and 7:40 p.m.
Nicholls left the pub, picked up a friend nearby and was driving southbound along Cedar Rd. when the incident occurred.
“He told police that he had looked down to light a cigarette, looked up and hadn’t seen Ms. Abma before the collision occurred,” Hauschildt said. “Mr. Nicholls told police that he stopped his vehicle for about three minutes, panicked and then drove home because he was so scared.”
Nicholls later informed investigators he was told to drive away by his friend who was in the car with him, but admitted he was responsible for actually doing so.
An investigation into the crash revealed Mr. Nicholls’ vehicle was travelling between 53 and 63 kilometres per hour in the 60 zone, on a night when the barely-lit rural road was wet from intermittent rain.
Court heard Abma suffered extensive, traumatic injuries from the impact of the vehicle, all consistent with being hit from behind in a standing or walking position.
Hauschildt described it as a “severe whiplash-type injury”.
Police reports noted Abma was not wearing any reflective clothing at the time of the incident, and while she had a flashlight with her, it was not on when police found it at the scene.
The days following
RCMP investigators eventually learned Nicholls contacted ICBC two days after the incident, claiming he’d struck a deer on Nanaimo Lakes Rd. at around 10:30 p.m. on the night of the collision.
He subsequently took his vehicle to a north Nanaimo repair shop, where the friend who was in the car at the time of the incident worked.
The vehicle, determined to be in sound mechanical condition at the time of the collision, was determined to be a total loss.
Police also began receiving reports Nicholls had told some people within the Cedar community he’d hit a deer on the night of the incident, leading investigators to further focus on Nicholls as a possible suspect.
A search warrant was issued for his parents’ home, where Nicholls lived, on Feb. 28 where his grey 2008 Hyundai Tucson was seized.
Two days later, Nicholls went to the Nanaimo RCMP detachment and admitted to the accident and his failure to remain on scene.
Nicholls told investigators he was not aware Abma had died, simply thinking she was unconscious.
He also told police at the time no one else was involved and he hadn’t consumed any alcohol.
A second interview, roughly two weeks later on March 14, changed details of Nicholls’ story, when he admitted his friend was in the vehicle with him.
Nicholls returned a third time the next day to relay to police that his friend had told him to drive away and not say anything, blaming “shock and fear” for his actions.
Beloved family and community member
Abma was an active contributor to the Cedar and central Island community, having been a member of the Ladysmith First United Church for over 60 years, and volunteered for several local causes in the Cedar area.
Victim impact statements read out in court described Abma as a devoted woman to her friends, family and church community.
One from friend Diane Davidson stated the loss hit the Ladysmith First United Church exceptionally hard.
“Quite often, I would have individuals come up to me, not being able to get their heads around not seeing her in her regular spot on Sundays. Groups that she had monthly involvement with significantly noticed the energy she brought by her presence is gone and deeply missed.”
Abma was predeceased by her husband, daughter and two grandsons. Her obituary notes she’s survived by her sister and brother, three children, seven grandchildren and 14 great-grandchildren.
Sentencing arguments
A change occurred in 2021 to the handling of a Criminal Code charge of “failure to remain at the scene of an accident resulting in death”, commonly referred to as a ‘hit and run’.
Since the change, directed by the Supreme Court of Canada, a provincial court Judge can opt to deliver a non-custodial sentence, meaning no jail time, in some situations.
Previously, convictions for his charge had to result in some jail time.
Crown Counsel lobbied for a jail sentence of between nine and 12 months, along with post-release probation of 12 months and a driving prohibition of two years, in addition to a requirement to submit a DNA sample.
“In this case, the Crown says the circumstances…do require a custodial sentence,” Hauschildt argued. “This is a case that in the Crown’s submission, involves Mr. Nicholls leaving the scene of an accident, knowing that he had struck this victim. He stopped his vehicle, then made a conscious decision to leave.
Hauschildt said Nicholls “failed to live up to his responsibilities of being a dutiful driver and also a compassionate human being”.
Defence attorney Michael Mulligan requested a non-custodial sentence in the range of six to nine months, citing the impacts of the incident on Nicholls to date.
“What is it really like to be 27 years old, in this circumstance, in a small community, who is being labelled, technically, as a murderer. Fired from your jobs and ostracized, and he lives with that grief that he expressed daily, it’s real,” Mulligan told the court.
He said Nicholls is unemployed and was fired from his job as a mechanic and later on a paver after he was charged in February of last year.
Mulligan argued Nicholls is not a threat to community safety, while also advocating for no probation or additional driving restrictions for his client.
Court was told family members of the offender and victim knew each other prior to the incident.
Judge Tamara Hodge has reserved her decision for a future date.
Nicholls had no prior criminal history in B.C.
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