NANAIMO — Life hasn’t been the same for a young Nanaimo man since he was hit and thrown into a ditch by an impaired driver on Gabriola Island.
Josh Marsh was walking home from work during a clear evening on June 28, 2020, at 6:30 p.m. on the shoulder of North Rd. when the then 17-year-old was hit by a truck which veered off-road, according to an agreed statement of facts outlined in Nanaimo provincial court.
Kelly William Jordan, 39, was slumped forward in the prisoner’s box as the damning circumstances were relayed during an emotionally charged sentencing hearing on Wednesday, May 3.
The Crown’s Sabrina Avery told court Jordan, an unlicensed driver, slanted onto the shoulder and hit Marsh with the front right side of his truck, throwing the victim 13 meters and into a roadside ditch.
“Joshua likely will never be the same and is clearly not the same as he was from before the accident,” Avery said shortly after Jordan pleaded guilty to impaired driving causing bodily harm.
An RCMP crash reconstructionist report stated Jordan was travelling just under the 50 km/h speed limit and braked just prior to hitting Marsh.
There was at least 100 meters of unobstructed view for the offender while approaching the victim, the report stated.
A passerby arrived on scene shortly after and saw Jordan standing over the motionless victim.
Jordan said he didn’t see the pedestrian, who he claimed stepped out in front of his truck.
The Good Samaritan checked on the unconscious Marsh, who had a pulse with blood coming from his head and mouth.
A second vehicle with two occupants stopped and called police.
All of the witnesses were under the impression Jordan was not sober.
“The accused told the other people on scene that he had to leave and pick up his kid,” Avery stated.
Jordan left his name and phone number with the first civilian and took off in his damaged truck.
The civilian then relayed the information and license plate number to Gabriola Island RCMP.
Police and an ambulance were on scene shortly after.
Marsh was still unconscious when paramedics got there. He was taken to the Gabriola Medical Clinic, then flown to Victoria General Hospital where he was treated for three days.
Court was told Marsh was diagnosed with a severe brain injury and a concussion.
Gabriola Island RCMP traced the license plate of the truck the offender was driving to the home of his wife’s grandmother on the island.
The grandmother told police Jordan did not have authorization to use the vehicle as he didn’t have a driver’s license.
She provided the offender’s address to police.
About an hour and a half after the incident, Gabriola Island RCMP showed up at Jordan’s house.
He immediately took responsibility, saying he never meant to hurt anybody.
Jordan stated the methadone he uses made him tired as he was on his way to pick up dinner.
He said leaving the scene was a bad decision.
“I’m sorry, I didn’t mean to hit anyone, I obviously did something illegal. I panicked, I didn’t know what to do and I’m fully guilty,” Jordan told the arresting officer.
A crack pipe was in Jordan’s pocket at the time, while he presented signs of impairment to police.
A medical professional could not be obtained to secure Jordan’s blood work.
It wasn’t until six hours after the incident that a urine sample was secured, with the toxicology report showing Jordan had fentanyl, morphine, methadone, meth, and cocaine in his system at the time.
A tearful Katlyn Marsh stood up to read a victim impact statement on behalf of her brother, who was sitting about 15 feet from the offender.
She outlined the physical and mental strain Josh’s brain injury has caused.
She said instead of focusing on construction as his career of choice, Josh struggled to graduate high school and is now delivering pizzas on a reduced schedule.
“I suffer with speech impediment, extreme memory issues as well as short-term memory loss….I have not felt normal for three years, I’ve struggled with suicidal thoughts, have been on the verge ending my life due to the fact that I do not feel myself anymore and do not recognize myself,” Katlyn Marsh read.
She portrayed his nightmares and flashbacks.
He can’t focus for longer than two minutes at a time, feels his brain is broken and can’t walk down the street without excruciating anxiety.
“I could not go to Gabriola to visit my grandparents for the last year that they were alive due to my extreme fear of going over there. They are now buried over there now and I cannot bring myself to go over and visit their grave.”
(L-R) Josh, Tanya and Katlyn Marsh attended an emotionally-draining sentencing hearing nearly three years after an impaired driving incident on Gabriola Island on the evening of June 28, 2020. (Ian Holmes/NanaimoNewsNOW)Marsh’s mother told court their lives changed the night she received a horrific call from police explaining what happened to her son.
Tanya Marsh said her now depressed son can’t do or enjoy the activities he once did.
She was trembling in sadness while explaining Josh can only handle hanging out with his younger brother who has severe learning disabilities for short periods of time.
“I can’t call June 2020 an accident, as it was not. You decided to use recreational drugs and get behind the wheel of a pick-up truck that hit my child — and to leave him, I don’t understand.”
Judge Tamara Hodge called it an “extremely troubling case”, pointing specifically to Jordan being an unlicensed and impaired driver who didn’t remain on scene.
“Both of those victim impact statements were extremely telling of the harm and ongoing trauma that Mr. Marsh and his family are dealing with and will continue to deal with,” Hodge said.
The hearing was told Jordan was not charged with leaving an accident scene since he left his contact information and did not impede the police investigation.
Judge Hodge accepted a joint sentence recommendation of a time-served six-month jail sentence, followed by 18 months of prohibition and a five-year driving ban.
His lawyer Bobby Movasaghi told court his client, who lives in Calgary, will attend a residential substance abuse treatment program as part of the probationary terms
Court was told the case was extensively delayed because an RCMP arrest warrant to apprehend Jordan wasn’t extended to Alberta until early this year where he was quickly picked up by police.
Those terms include no illicit substances without a medical subscription.
The offender with no prior criminal record declined to address the court.
His brother was in the gallery for the hearing — he welled up with tears as he apologized profusely to the Marsh’s following the hearing.
Josh Marsh told reporters outside court he wasn’t satisfied with the sentence.
“It’s absolutely ridiculous…I could just go run someone over right now, then come here, do like four months jail time and get let out on stupid conditions he probably won’t follow.”
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