It was the heart-wrenching victim-impact statements read during a sentencing hearing that made for an extremely emotional day for those in attendance at Chilliwack Law Courts last Friday (Dec. 1).
Erika Gebhardt, 28, entered a guilty plea to driving without due care and attention in the 2021 collision that killed 56-year-old Alfonso Tejero.
Friends and family of the deceased filled the courtroom, and several read victim statements about the crash near Hope that took Tejero from them.
Crown counsel Sandra di Curzio laid out the facts of the case, playing dash-cam videos for the court that captured the terrible moment of the collision.
Crown is recommending a six-month jail sentence, a $2,000 fine, and a three-to-five year driving prohibition, which were the maximum sentence and fine for the offence under the Motor Vehicle Act.
Defence counsel Ali Yusef said he was seeking a driving prohibition and a fine, but no jail time for Gebhardt.
The three-vehicle incident occurred on the morning of Sept. 25, 2021 at Chawathil Road on the Lougheed Highway, near Hope.
Gebhardt was driving eastbound in her Mazda sedan, following several cars that were travelling together as part of a car club “cruise” event.
The court heard that Gebhardt crossed over into the oncoming lane, in an attempt to pass a large recycling truck, into the path of a westbound motorcycle. She did not have time to pass the truck, or pull back in her lane, as two motorcycles approached.
The force of the collision ejected Tejero off his bike. It collided with a second westbound motorcycle, and both motorcycles ended up in the ditch.
Gebhardt pulled over and remained at the scene of the crash. Impairment was not determined to be a factor in the incident, police said.
Tejero was declared deceased at the scene, and the other motorcyclist, Tejero’s best friend Darrin Stuppard, was transported to hospital with non-life-threatening injuries.
Victim impact statements were read out from friends and family members including Tejero’s children, and his partner, Moira Collie, and several others.
Dejero’s daughter, Cristina Dejero, read a statement for the court:
“It is impossible to put into words how this tragic and senseless event has affected me,” she wrote.
“Even though I had a difficult relationship with my dad growing up, I had finally started thinking about the future. Reconnecting and making amends, and how it might look having him a part of my life: having him at my wedding, having kids and having him a part of their lives.”
It made her very sad, “that those pieces of my future, or my future kids’ futures was taken away.”
She said the reason she found the incident to very hard to accept is because it was “avoidable.”
“Right after the accident, I felt like life was pointless – everything I did felt like, what am I doing this for? I’m a teacher, I couldn’t work, and when I did go back to work – I wasn’t ready, I was overwhelmed and it was hard to save face for the kids and teach. I felt out of body, like I was there but not there.”
Crown counsel read the statement written by son Jordan Tejero who said he wakes up every morning and remembers that his dad is gone.
“I will miss fishing, talking, camping, driving, eating with my father, and everyday knowing I will never be
able to do this due to others’ ignorance and carelessness.”
Darrin Stuppard had been riding with Tejero the day he was killed. He doesn’t ride his motorcycle anymore.
Stuppard said he has “incredible empathy” for Tejero’s widow, since everything was “gone in 30 seconds” as the two buddies headed down the highway for a coffee.
Tejero was his “best friend,” and Stuppard said he misses him dearly although he said he has managed to forgive Gebhardt.
The victim’s sibling, James Tejero, described how his world shattered after losing his brother, who he called a “beacon of light and love.” He said unbearable pain has “seeped” into every facet of his life.
“I willingly offer my forgiveness,” the brother said to Gebhardt, in an effort to “unburden” his heart, adding his brother Alfonso deserved a “legacy of love.”
Common-law spouse Collie said in her statement that Tejero was her “soulmate,” her “rock” and the “love” of her life. She wears a ring made of his ashes, and a memorial tattoo, that allows her to keep him close.
“That is all I have left of him,” Collie said.
The “entire course” of her life changed the day Collie arrived at the scene of the fatal crash incident. She said she went from being in a “great place” in their lives, with plans and goals as a couple, to living on the couch, unable to function and in survival mode, with her dog by her side for months.
“The first few times I drove after it happened I had to pull over whenever I heard a bike,” she said.
“There are still days I think he’s going to walk through the door,” she added, saying she know it’s never going to be OK.
Gebhardt had no prior criminal convictions, but there were six incidents on her driving record, including speeding.
“It’s my submission to you that this constitutes a single moment, an error in judgment,” Yusef said, contrasted from a “series of cascading” decisions that led to the fatality. Yusef said he believes incarceration would “serve no purpose,” in terms of the sentencing principles of deterrence.
Gebhardt’s statement was read out in court by Yusef, in which she apologized to the family and said that she “deeply” regretted her actions and would carry the burden forever.
A statement from her mother said she fell into a deep depression after the incident, and even the arrival of her baby daughter could not remove her deep-seated feelings of remorse and sorrow. She tried a few counselling sessions but she did not find that they helped very much.
Gebhardt said she wished she could change what happened that day. She said she went to the scene many times and offered prayers, including one time shortly after it happened when she left a letter.
“But I know nothing will bring your loved one back,” she told the victim’s family and friends in court. “I am truly sorry from the bottom of my heart.”
At the end of the day, Justice Georgia Docolas opted to reserve her decision on sentencing, noting that Crown counsel and defence positions on sentencing were very far apart, with Crown calling for six months in jail, as opposed to no jail time sought by defence counsel.
The judge noted she planned to take some time to reflect on their arguments, review some of the case law and the dash-cam video evidence again, before handing down a sentencing decision on Jan. 22, 2024.
