Three Supreme Court judges have upheld the acquittals of Martin Williams Michael Gentles in causing the death of Rayel MacDonald and injury to Alysha Mullet four years ago.
The Crown appealed Gentles' acquittals of impaired driving causing death and bodily harm and driving with a blood alcohol level above the legal limit causing death and bodily harm.
Gentles was charged after the truck he was driving struck the two women while they were crossing Carson Drive in Williams Lake at 2 a.m., while walking home with friends from a dance at the Cariboo Memorial Complex on April 22, 2012.
The appeal was heard at the Court of Appeal in Vancouver on Jan. 25, 2016.
In her written ruling, endorsed by the other two judges, Honourable Madam Justice Elizabeth Bennett said there is no question Gentles was impaired, but the finding in the original trial that one and a half seconds was insufficient time to avoid the accident means the Crown did not prove beyond a reasonable doubt the impairment was a contributing cause to the death and injuries resulting from it.
"Although this conclusion could have been articulated more clearly, the finding is that the victims walked out in front of Mr. Gentles, and the result was an unavoidable accident," Bennett stated.
After the trial, held in Williams Lake, Gentles was convicted of impaired driving and leaving the scene.
He received an eight-month conditional sentence, one year probation, a one-year driving prohibition and a $1,500 fine.