Harold Bierman doesn’t believe justice was done when the man who struck and killed his wife on a bicycle has received just a $500 fine. (File photo)

Husband appalled at light sentence after cyclist kills wife in Duncan crash

Cyclist struck and kills wife at intersection

Harold Bierman is incensed that the man who caused the death of his wife has been let off with what he feels is just a slap on the wrist.

Bierman and his wife, Francis, were walking through downtown Duncan on Vancouver Island on July 26 when Francis was struck by a man riding a bicycle at the intersection of the Trans Canada Highway and Trunk Road.

Francis was seriously hurt in the accident and was taken to hospital where she died of her injuries in August.

RELATED STORY: CYCLIST KILLED IN PORT ALBERNI

The man who hit her on the bike went to court in Duncan on Feb. 6 where he was convicted of driving his bike without due care and attention, and was fined $500.

“This man killed my wife and was not charged or convicted of manslaughter of anything else more serious than driving without due care and attention,” Bierman said.

“That’s not nearly enough punishment for the death of my wife and I don’t think justice has been properly served here.”

RELATED STORY: BOY DIES AFTER BEING HIT BY TRUCK WHILE CYCLING

Brad Tomlin, a Crown prosecutor at the Duncan courthouse, acknowledged that the bicyclist ran a red light at the intersection and was himself struck by a car and lost control of his bike before careening into Francis Bierman.

“The critical issue in this case is that there was no evidence of intent to harm and we didn’t feel we had any possibility of conviction for more than what he was charged with,” Tomlin said.

“We appreciate that Mr. Bierman is suffering at the loss of his wife, but we felt we had no realistic expectation of prosecution on further charges.”

Tomlin said the $500 fine does little to compensate Bierman for the death of his wife, but the Crown is bound by the criteria of the law and the Motor Vehicle Act when prosecuting accident cases.

“We have to come up with a sentence in the range of similar cases and we had to take into consideration that the bicyclist had no history of bad driving,” Tomlin said.

“It was stupid for him to have driven through the red light at the intersection, but he had not planned to hit Francis Bierman and he was quite remorseful about the incident while in court.”



robert.barron@cowichanvalleycitizen.com

Like us on Facebook and follow us on Twitter

Just Posted

Suspect arrested following gunpoint robbery in Qualicum Beach

Stop and Shop Grocery was robbed June 5; man now in custody

Parksville Qualicum Beach region moves to elevated Stage 3 watering restrictions

City, regional district ask residents to conserve water

RDN board supports application for Coombs cannabis shop

Cannabis pharmaceutical facility in Nanoose also granted temporary-use licence

10 facts about Father’s Day

Did you know that the special day for dads was first celebrated in 1910?

Bombers down B.C. Lions 33-23 in season opener

Former Lion Andrew Harris leads Winnipeg with 148 rushing yards

Monkey spotted on late-night jaunt in Campbell River

Conservation officers also apparently looking for cougar in the area

B.C. woman fighting to block coroner’s report detailing husband’s death

Fears revealing exactly how Ben Kilmer took his life will have traumatic effect on her two children

B.C. bus driver loses case to get job back after texting while driving full bus

An arbitator ruled that Tim Wesman’s phone usage was a “a reckless disregard for public safety”

Three Albertans land ‘monster’ sturgeon in B.C.’s Fraser River

For angler who landed the exceptionally large sturgeon it was an ‘incredible dream come true’

You might not know these B.C. records are public

Hired a lawyer to file a civil claim? Those are published online

VIDEO: Pickup truck smashes into Vancouver Island home

No injuries reported in Friday morning incident

Northern B.C. family remembers murdered Indigenous woman with memorial walk

Still no closure for Ramona Wilson’s family 25 years later

Most Read