RV driver pleads guilty in crash that killed couple

Trial in 2006 case delayed when plea dispute went to top court

Family members who have waited nearly seven years for the resolution of a court case involving a fatal car crash that killed a couple and injured their seven-year-old son will have to wait one week longer.

On Thursday, Olga Marie Nixon, 63, pleaded guilty to dangerous driving in the deaths of Wade and Karen Andriashek and injuries to their son Jesse in September 2006 on a highway near Andrew, northeast of Edmonton. That day, Nixon drove her motorhome through a four-way stop and slammed into the Andriasheks’ vehicle that was crossing the road.

The case was long-delayed by a dispute between Crown prosecutors and Nixon’s lawyer that was eventually settled by the Supreme Court of Canada in June 2011.

The case went to the country’s top court after a Crown prosecutor initially agreed to a deal that saw Nixon plead guilty to careless driving and paying a fine of $1,800 in exchange for the withdrawing of criminal charges. Nixon argued her constitutional rights were violated when the Crown revoked its written plea agreement. The Supreme Court eventually ruled that the Crown can revoke plea deals.

The delay, court heard, has been difficult for families already dealing with grief, shock and loss. “For seven long years, I have attended court and meetings,” Shirley Andriashek, Wade’s mother, told court in a victim impact statement. “God grant that other families never go through the torture and hell that we have.” Defence lawyer Brian Beresh told court the delay has taken a “tremendous toll” on Nixon.

A sentencing decision has been scheduled for June 7. Court of Queen’s Bench Justice Darlene Acton said she regretted the delay, particularly because family members had said they were glad it was their last day in court.

Crown prosecutor William Wister told court that Nixon drank alcohol before the crash that “slightly affected” her reaction time that day. She is not facing impaired charges, but court heard Nixon was convicted of drunk-driving in the years since the crash.

After the crash, Wister said, Nixon was alone in her motorhome for a considerable period. “Any consumption of alcohol during that time would affect the ability of the Crown to establish the degree of impairment of the accused at the time of her driving.”

Over eight victim impact statements, family members told court of seven years of grief and patience as the case slowly moved through court. Jesse Andriashek now lives with his grandparents, while his young sister is raised by the children’s other grandparents.

“I miss them every single day, they’re always on my mind,” Jesse wrote of his parents. “It’s hard being without parents. I hope they can rest in peace.”

When given a chance to speak, Nixon stood with tears in her eyes. “I am so sincerely sorry for the grief and loss I caused your family.”