Five years and eight years for Lawrence P Barker
by Francis van Loon, President, British Columbia Cycling Coalition
printed in the December 2000 issue of Cycle Therapy

Lawrence Patrick Barker, the motorist convicted in the death of cyclist Terry Van Fleet was sentenced November 3rd., 2000 to five years imprisonment and the loss of his privilege to drive anywhere in Canada for eight years. (The driving prohibition runs concurrent with the sentence, starting November 3rd., 2000.)

Lawrence Patrick Barker was charged in B.C. Supreme Court with the following:
- criminal negligence causing death in the operation of a motor vehicle;
- impaired driving causing death
- leaving the scene of an accident

Mr. Barker pleaded guilty to the latter two of the three counts in the death of Terry Van Fleet who was the victim of a bizarre hit-and-run accident on Blanshard St. on 15th December 1998. While awaiting sentencing, Mr. Barker had been out on bail.

The Crown Council described the events that led up to Terry's death and the cir-cumstances under which the police found his body. Terry died on impact when he was struck from behind. His body was hoisted onto the front of the truck then rolled over the cab, crushing the windshield and coming to rest in the bed of the pick-up truck. At this point, Mr. Barker made a U-turn on Blanshard Street, cut his lights and proceeded on his way home. Terry's body was subsequently found in the back of the truck which Mr. Barker had been driving on the driveway of Mr. Barker's home. The Crown emphasized that Mr. Barker had two prior criminal convictions for impaired driving: one in 1984 and another in 1998. The 1998 impaired driving charge resulted in a driving inhibition which was still in effect at the time Terry was struck and killed by the motor vehicle driven by Mr. Barker.

The defence presented facts regarding Mr. Barker's character and submitted to the judge a letter signed by Barker expressing guilt and remorse.

It should be noted that Terry Van Fleet was the innocent victim here. He was observing all the rules; wearing a helmet and bight yellow, reflective clothing, travelling in the bikelane, in the right direction, with working bicycle lights front and back.

I understand that sentencing for this type of criminal offence runs from five to eight years, depending on the seriousness of the crime and admission of guilt and remorse. Mr. Barker received five years. I am not a judge and therefore cannot make a statement as to whether this is a fair sentence. However, it is my hope that Mr. Barker serves his full jail term. As for the eight-year prohibition from driving, I would have wished for a lifetime prohibition. Mr. Barker is a repeat offender. One would have thought that three strikes means you're out! Whether impaired or not, if you pick up a gun and shoot someone you have committed murder. If you are impaired and choose to drive, you do the same. In this instance the motor vehicle was the deadly weapon.

My thoughts are with Terry's family, friends and acquaintances who had to re-live the pain and horror of Terry's death in the courtroom. As the judge emphasized: "Mr. Barker took the life of a person who is totally innocent."