Charge dropped in connection with 2013 accident that killed three

Crown determines not enough evidence to proceed with criminal charge against Armstrong man

A charge of criminal driving causing death against an Armstrong man, relating to a March 2013 accident that claimed the lives of three individuals, has been dropped.

The trial for Brandon James Kenneth McGregor, born in 1991, was to have started in Vernon Supreme Court Monday.

“Crown ultimately concluded the evidence wasn’t sufficient to meet our charge assessment standard to continue the prosecution,” said Neil MacKenzie, Criminal Justice Branch spokesperson, about the charge being stayed.

Shortly before 2 p.m. on March 31, 2013, McGregor was driving his Chevy Silverado truck 11 kilometres south of Vernon on Highway 97 when it crossed the centre line, colliding with a Volvo driven by a Salmon Arm man.

McGregor’s passenger, Eric David Alexander Robertson, 19, of Armstrong, and the driver of the Volvo, Allan Arthur Allport, 70, of Salmon Arm, died at the scene.

Allport’s wife, Fay, 67, survived the crash but died in Kelowna General Hospital the next day.

The coroner reported that a police reconstructionist determined the speed of the truck was between 78 and 94 kilometres per hour (posted speed limit is 90 km/h) and the speed of the Volvo was between 44 and 55 km/h. Allport had slowed down and pulled over toward the side of the road in an effort to avoid being struck by the pickup.

McGregor did not suffer any serious injuries.

Both airbags deployed and all four occupants were wearing seatbelts.

MacKenzie said medical issues may have been why the truck crossed the centre line, but did not elaborate for privacy reasons.

“This was a collision that occurred when the vehicle driven by McGregor crossed the centre line and collided with a vehicle travelling in opposite direction with what were clearly extremely tragic results,” said MacKenzie.

“The circumstances didn’t establish any other erratic driving on Mr. McGregor’s part prior to the collision. There was additional evidence provided to Crown, and on the basis of that, Crown concluded it wasn’t possible to attribute erratic driving and crossing the centre line to any criminal conduct on his part.”

The families in the case have been notified of the decision.