Lucy Phua was an academic advisor at Thompson Rivers University. She died after being hit by a pickup truck while crossing the street at University Drive on Nov. 15, 2019. (Facebook)

Lucy Phua was an academic advisor at Thompson Rivers University. She died after being hit by a pickup truck while crossing the street at University Drive on Nov. 15, 2019. (Facebook)

B.C. man behind wheel in fatal collision gets $2,000 fine, driving restrictions

David Tucker, 43, is to pay a $2,000 fine and go 18 months without driving – except for work and certain errands

-Kamloops This Week

A Kamloops man who was behind the wheel of the pickup truck that struck and killed Thompson Rivers University employee Lucy Phua more than a year ago has had his driving privileges restricted.

David Mathew Tucker, 43, pleaded guilty this week to one count of driving without due care and attention, under the Motor Vehicle Act, in connection to the Nov. 19, 2019, collision. Phua, 54, was struck and killed that night as she was walking to TRU via a crosswalk at McGill Road and University Drive.

Justice Ray Phillips accepted a joint submission on sentencing from defence lawyer Daniel McNamee and prosecutor Frank Caputo that will see Tucker pay a $2,000 fine and serve an 18-month probation term prohibiting him from driving except for work and running certain family errands. Tucker is employed by a local landscaping company, which involves him having to drive around town for work.

Court heard Tucker had a couple of drinks after work and was leaving a liquor store at the Landmark development when the crash took place at about 5:30 p.m., after sunset, on Nov. 19, 2019.

While turning left onto McGill Road Tucker’s truck struck Phua, who was walking in the same direction — north — from the Landmark development, where she lived.

Lights from an oncoming vehicle were said to have been in Tucker’s eyes as he made the turn into the intersection, striking Phua and running her over.

McNamee told KTW when Tucker initially struck Phua, he believed his vehicle was having a mechanical issue and continued driving forward. He soon realized what happened and stayed at the scene to render assistance and co-operated with police.

Police at the scene noticed Tucker’s eyes were watery and smelled alcohol on his breath, but when he was given a breathalyzer test, he blew in the warn range, which is under the legal limit 0.08 blood-alcohol level, but likely above the 0.05 warning limit.

Tucker was given another breathalyzer test at the downtown Kamloops RCMP detachment, which again registered below the legal limit. There wasn’t evidence to support a criminal charge of impaired driving and Tucker was charged under the Motor Vehicle Act.

McNamee said Tucker is very remorseful for what happened and apologized in court to Phua’s family in Singapore and her spouse, Gar Childs, who was in court for the verdict.

“The whole thing was a very emotional sentencing,” McNamee said. “It’s a very tragic case on all fronts because nobody wants to be the one who gets hit with the car or whose family member gets hit with the car, but nobody wants to be the one who accidentally does that, either.”

McNamee said Tucker was guilty of negligence for not checking the intersection and was punished on that basis. The exceptions to the driving restriction, he said, are to ensure Tucker’s family isn’t impacted by a punishment intended for him. No alcohol-related restrictions were given in the probation order.

McNamee noted the severity of the decision, as Tucker received the maximum fine for the offence.

In 2017, a bus driver was fined $1,000 and handed a nine-month suspension of his licence for driving without due care and attention when he caused an accident on the Coquihalla Highway near Merritt in 2015, injuring nearly 40 people.

Phua’s death sparked an online petition seeking safety upgrades on McGill Road. City officials last fall unveiled a strategy for improvements along the corridor that could lead to lowered speed limits and lighting upgrades.

fatal collision

Just Posted

RCMP thanked the public for assistance in finding Benjamin Archie, last seen in Princeton. (RCMP)
Missing Chilliwack man found safe and sound

The 80-year-old had walked away from his home in Chilliwack

.
Princeton’s Spotlight wins two provincial awards for excellence

Publisher takes first place for investigative reporting

Princeton GSAR responds 24 hours a day, 365 days a year. In 2020 the crew was called out 34 times, and members spent 721 hours on calls, and 683 hours training. Photo Princeton GSAR Facebook
Teen missing in Manning Park found after 24 hours

Young man spends night on mountain and survives with just a few scrapes

The COVID-19 cases reported over the week of May 30 to June 5. (BC CDC)
South Okanagan sees second straight week of 17 new COVID-19 cases

Summerland, Keremeos and Princeton all recorded no new cases

The Regional District of Okanagan-Similkameen has hired a new FireSmart coordinator. (Black Press file photo)
FireSmart coordinator named for Regional District of Okanagan-Similkameen

Kerry Riess will provide assistance to mitigate potential wildfire hazards

At an outdoor drive-in convocation ceremony, Mount Royal University bestows an honorary Doctor of Laws on Blackfoot Elder and residential school survivor Clarence Wolfleg in Calgary on Tuesday, June 8, 2021. THE CANADIAN PRESS/Jeff McIntosh
‘You didn’t get the best of me’: Residential school survivor gets honorary doctorate

Clarence Wolfleg receives honorary doctorate from Mount Royal University, the highest honour the school gives out

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

A logging truck carries its load down the Elaho Valley near in Squamish, B.C. in this file photo. THE CANADIAN PRESS/Chuck Stoody
Squamish Nation calls for old-growth logging moratorium in its territory

The nation says 44% of old-growth forests in its 6,900-square kilometre territory are protected while the rest remain at risk

Flowers and cards are left at a makeshift memorial at a monument outside the former Kamloops Indian Residential School to honour the 215 children whose remains are believed to have been discovered buried near the city in Kamloops, B.C., on Monday, May 31, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Pick a Sunday:’ Indigenous leaders ask Catholics to stay home, push for apology

Indigenous leaders are calling on Catholics to stand in solidarity with residential school survivors by not attending church services

(Heather Lueck image)
Crash north of Enderby knocks out power, slows Highway 97A traffic

A witness captured footage of a medical helicopter landing at the scene

Most Read