“Unless you’ve lost a child, you can’t possibly know how this feels,” said Debbie O'Day-Smith, the mother of one of two UBC students killed in 2021 by a driver who pleaded guilty to dangerous driving causing death.
It was an emotional and sombre morning in Richmond as families and friends of Emily Selwood and Evan Smith addressed Tim Carl Robert Goerner in court.
“There’s no way to fix this, or make it better, it is forever,” Selwood’s mother, Laurie Selwood, told the court.
Goerner appeared in Richmond Provincial Court on Monday morning for his sentencing hearing after pleading guilty to causing the deaths of Emily Selwood and Evan Smith.
Goerner was originally charged with six counts including four counts of impaired driving and two counts of dangerous driving.
He first opted for trial by a B.C. Supreme Court judge but ultimately pleaded guilty to two counts of dangerous driving.
In a joint submission, the Crown and defence asked Richmond Provincial Court Judge Glenn Lee to impose a three-year jail sentence followed by a five-year driving ban.
Since Goerner is not a Canadian citizen nor a permanent resident, the Canada Border Services Agency will seek to deport him, said the Crown prosecutor.
Driver went at least 100km/h in 40km/h zone
The courtroom, filled with family members of victims and members of the press, heard Goerner had attended a house party in Vancouver and consumed alcohol on Sept. 25, 2021, hours before the accident.
Goerner, who was 21 years old at the time, attended UBC on a student visa while Selwood and Smith were both 18 years old.
Selwood and Smith were walking along Southwest Marine Drive at around 1:30 a.m. on the morning of Sept. 26, 2021 while Goerner had left the party and was driving back to UBC.
At around 1:40 a.m., Goerner, who had failed to navigate a left turn, struck Selwood and Smith from behind. He then continued forward, struck a boulder and became airborne before coming to a stop.
The Crown prosecutor told the court that road conditions were clear at the time, Goerner had travelled past multiple signs warning of the lowering speed limit and his car was in good mechanical and physical condition.
The posted speed limit in the area was 40 kilometres per hour, according to the prosecutor, and Goerner had been driving at a speed of at least 100 kilometres per hour, and “may have been as high as 120 kilometres per hour.”
The court heard multiple civilians attended the scene, including one who heard Goerner say he “might have hit people” and asked others to check. A police officer at the scene saw Goerner attempt to comfort Selwood.
Selwood and Smith were pronounced dead shortly after 2 a.m. and Goerner was arrested.
Upon getting his blood drawn after his arrest, Goerner was found to have alcohol in his blood.
'No sentence will make community whole': family of victims
Holding photos of Selwood and Smith, family members and loved ones recalled the days following the accidents, when they spoke to RCMP officers and coroners and prepared for the funerals, as well as their memories with the victims.
A total of 13 victim impact statements were submitted for Selwood and 11 were submitted for Smith. Six people, including the victims' parents, read their statements out loud and addressed Goerner directly.
The parents told the court they had to return to UBC to pack up their children’s dorm rooms just three weeks after dropping them off for their first day of university.
They also told the court of how the tragedy affected them, including struggles with mental health and a decline in health.
Selwood was remembered as a kind and compassionate young woman who loved Christmas, penguins and Taylor Swift.
“I hope the images of Emily and what he did to her are burned into his mind,” Selwood’s father, Duncan Selwood, told the court.
He said “no sentence given will ever make Emily’s community whole,” and added every one of Goerner’s days would be “more than what Emily will have” because of Goerner.
Recalling his daughter’s compassionate nature, he expressed his fear that his sentiments would disappoint his daughter.
O’Day-Smith, Smith’s mother, remembered her son as a curious, intelligent, talented, hardworking and conscientious young adult.
She recalled Smith had canoed up the Missinaibi River to James Bay when he was 17 years old, a journey “not for the faint of heart.”
When she asked her son how he had persisted despite the freezing rain, he told her he “just continued on.”
“I think about that when a wave of grief hits me so hard it stops me in my tracks,” she said.
“I continue on because I have to.”
The victim impact statements demonstrate how much the victims had enriched their communities and the profound and significant level of loss suffered by their loved ones and beyond, said the Crown counsel.
Judge Lee addressed the family members and friends after hearing their statements.
“I’m very, very sorry for your loss,” he said.
Driver is ‘remorseful’ and was ‘ostracized’ by community
Upon reconvening on Monday afternoon, the court heard Goerner was remorseful and pleaded guilty to take responsibility for his actions.
“I have only myself and my own behaviour to blame for this tragedy,” he said in a tearful speech to the court.
Addressing the victims' families directly, Goerner expressed his shame and regret.
“I do not expect my apologies to be ever accepted, nor do I expect to be forgiven by you and your friends.”
Goerner, now 23, is a dual citizen of Australia and Germany and moved to UBC to study chemical engineering four years ago, said his lawyer.
The court heard Goerner was a high-achieving student and high-performing athlete who grew up in a “stable, well-adjusted, high-functioning, high-achieving” Catholic family.
His lawyer said Goerner contributed to his community by serving as a peer support leader in high school, going on a month-long volunteering trip in Cambodia, raising money for mental health by organizing and completing a marathon and volunteering as a lifeguard in Australia.
Now three years after the incident, Goerner has completed his degree at UBC and had applied and gotten accepted to a master’s degree in management.
He was set to begin the program last month but has deferred his entrance, the court heard.
In the months following the incident, Goerner was “ostracized” by his community, said his lawyer, who added it was a “natural and predictable” consequence of Goerner’s actions.
According to a psychology report presented to the court, Goerner was diagnosed with a chronic and moderately severe “major depressive disorder” and was “extraordinarily regretful and intensely remorseful.”
He is unlikely to reoffend, reads the report.
Goerner’s parents were present in court and letters from family and friends were submitted in support of his character.
The letters spoke to his upbringing and the life he led prior to the accident. They also mentioned his remorse and decision to tell family members abroad of his wrongdoing in person.
“Tim being involved in such a horrific accident was simply unimaginable,” reads the letter from his dad. He said everything was “perfect” until the day of the accident, which changed the Goerners’ lives “forever” and, “more importantly,” caused “irreversible” changes to the lives of the Selwoods and Smiths.
Alcohol found in driver’s system an aggravating factor: prosecution
According to the prosecutor, aggravating factors to consider for Goerner’s sentence include the alcohol in his system, the speed he was going at, the fact that he caused two deaths and the significant impact on the victims' family and friends.
Mitigating factors included his early guilty plea, his remorse, his young age at the time of the crime and his lack of criminal record.
The court was also told Goerner has ample social supports and has made “significant” steps to deal with his alcohol use.
Goerner’s lawyer added that Goerner has been “alcohol abstinent” for 18 months.
He said Goerner had remained at the scene and was “preoccupied” with locating and getting help for Selwood and Smith.
Referencing Goerner’s “tenacity” in completing his education amid the aftermath of the incident and the way he lived his life prior to the incident, Goerner’s lawyer said they were indicative Goerner could be rehabilitated successfully.
Goerner will be sentenced on Tuesday, Nov. 7.
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