Leila Bui with her parents Tuan (left) and Kierry Bui. The family says they are relieved the trial process has come to close Monday morning with Tenessa Nikirk found guilty of dangerous driving causing bodily harm. (Nina Grossman/News Staff)

VIDEO: Driver guilty in Saanich crash that left 11-year-old with catastrophic brain injuries

North Saanich woman convicted on one count of dangerous driving causing bodily harm

The woman charged in the Saanich crash that left then 11-year-old Leila Bui with severe injuries was found guilty Monday morning.

Bui and her family were present in the courtroom. The now 13-year-old girl was in a wheelchair covered by a purple blanket. She barely opened her eyes.

RELATED: Family won’t give up on unresponsive 11-year-old crash victim

On Dec. 20, 2017, Bui was walking to school when she was struck by a late model Mercedes SUV driven by Tanessa Nikirk while in a crosswalk on Ash Road at Torquay Drive. Leila was thrown several metres.

She was kept in an induced coma for several weeks after the crash and has since remained in a non-responsive state, requiring constant care.

Nikirk was convicted on one count of dangerous driving causing bodily harm.

Leila’s family said they are pleased the court process is coming to an end but the guilty verdict doesn’t change the irrevocable damage done to their daughter and family.

“We’re just happy that it’s over,” said Leila’s mother Kierry Nguyen. “I urge drivers when they’re out there, pay attention, be careful, don’t be on your phone.

“Please don’t let this happen to another child or anybody else, ” she added, breaking into tears. “It’s devastating for the family. Very devastating. And I would never wish it on anyone.”

Bui’s father, Tuan, said Leila would be happy to know she had made a difference.

RELATED: Court hears of motorist’s erratic driving before 11-year-old girl struck in Saanich crosswalk

“If anything good can come out of this, maybe her case will set the bar,” he said. “It will hopefully determine what is harmful driving, what is excessive speeding… Leila would be happy to know she helped change behaviour to prevent this from ever happening again.”

Throughout the trial, the court heard how Nikirk had been speeding, driving erratically and sending and receiving multiple text messages before she hit Leila. The officer who searched Nikirk’s car after the crash found no apparatus that would have hooked up Nikirk’s cellphone to her car for hands-free use.

In his decision Provincial Court Judge Mayland McKimm points to witnesses, dash cam footage and Nikirk’s texting records.

“When the accused approached the intersection and the crosswalk, the evidence establishes that she did not slow down,” he wrote. “The accused was speeding, not paying adequate attention to clearly visible markers at the crosswalk, the child and the stopped vehicles and was engaged in conversations with other parties by way of handheld device.”

McKimm acknowledged that it’s impossible to determine the precise time of the crash and whether Nikirk was texting at the moment of impact – but he wrote that her behaviour indicated “she was engaging in distracting behaviour for some time prior to the moment of impact.

“She was indeed distracted at the time of the accident,” he wrote. “At minimum, her thoughts were elsewhere.”

RELATED: Lawyer says SUV that hit Leila Bui was going 53 km/h at point of impact



nina.grossman@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

nina.grossman@blackpress.ca

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Police closed McNeill Avenue after a workplace death Oct. 20, 2020. (Nina Grossman/News Staff)
WorkSafe BC investigating man’s death during Oak Bay tree removal

Man was working for contracted tree removal company when incident occurred

Vic High (Black Press Media file photo)
Vic High stadium plans drop promised 8-lane track to ‘barely wider than city sidewalk’

Friends of Vic High seek public inquiry into plans for Memorial Stadium Revitalization Project

A notice on the door of the Starbucks at 3849 Cadboro Bay Rd. says it closes permanently on Sunday, Oct. 25. (Google Maps)
Cadboro Bay Starbucks location to close permanently after 16 years

Residents association seeks reason for closure set for Oct. 25

A bear similar to this black bear was spotted on Elk Lake Drive on Oct. 20 and is believed responsible for killing a llama in Saanich the night before. (Black Press Media file photo)
Bear spotted several times in Saanich likely to be euthanized

Conservation officers still searching for bear reported near Elk Lake Drive

The West Shore RCMP released these images of a suspect as part of its investigation into a report of sexual assault on Sept. 17. (West Shore RCMP handout)
The West Shore RCMP released these images of a suspect as part of its investigation into a report of sexual assault on Sept. 17. (West Shore RCMP handout)
Sexual assault suspect sought by West Shore RCMP

Police are looking for help identifying this man

FILE – People wait in line at a COVID-19 testing facility in Burnaby, B.C., on Thursday, August 13, 2020. THE CANADIAN PRESS/Darryl Dyck
167 new COVID-19 cases, 1 death recorded as B.C. enters 2nd wave

Three new healthcare outbreaks also announced

Advance polls are open from Oct. 15 to 21 with election day on Oct. 24. (Black Press Media file photo)
Nanaimo RCMP are asking for the public’s assistance in locating Michael Leighton, who is wanted on 11 warrants on Vancouver Island and is a suspect in a recent break, enter and theft in Nanaimo. (Photos submitted)
RCMP looking for break-and-enter suspect with 11 warrants on the Island

Nanaimo RCMP say Michael Leighton a suspect in theft of pistol and $40,000 worth of coins

This 2020 electron microscope image made available by the National Institute of Allergy and Infectious Diseases shows a Novel Coronavirus SARS-CoV-2 particle isolated from a patient, in a laboratory in Fort Detrick, Md. THE CANADIAN PRESS/AP-NIAID/NIH via AP
At least 49 cases of COVID-19 linked to wedding in Calgary: Alberta Health

McMillan says the city of Calgary has recently seen several outbreaks linked to social gatherings

UBC geoscientists discovered the wreckage of a decades-old crash during an expedition on a mountain near Harrison Lake. (Submitted photo)
Wreckage of decades-old plane crash discovered on mountain near Harrison Lake

A team of Sts’ailes Community School students helped discover the twisted metal embedded in a glacier

The official search to locate Jordan Naterer was suspended Saturday Oct. 17. Photo courtesy of VPD.
‘I am not leaving without my son,’ says mother of missing Manning Park hiker

Family and friends continue to search for Jordan Naterer, after official efforts suspended

Bernard Trest and his son Max, 10, are concerned about B.C.’s plan for students in the classroom. He was one of two fathers who filed a court application in August to prevent schools from reopening if stricter COVID-19 protections weren’t in place. That application was dismissed last week. (Contributed photo)
B.C. dad pledges to appeal quashed call for mandatory masks, distancing in schools

Bernard Trest and Gary Shuster challenged health, education ministries’ return-to-school plan

RCMP crest. (Black Press Media files)
RCMP cleared in fatal shooting of armed Lytton man in distress, police watchdog finds

IIO spoke to seven civillian witnesses and 11 police officers in coming to its decision

A 34-year-old man was treated for a gunshot wound in Williams Lake Monday, Oct 19, 2020. (Angie Mindus photo - Williams Lake Tribune)
Williams Lake man treated for gunshot wound after accidental shooting: RCMP

Police are reminding residents to ensure firearms are not loaded when handling them

Most Read