A North Vancouver man will soon learn his sentence for clipping a North Vancouver RCMP officer with his motorcycle while trying to evade a traffic stop, causing the constable serious injuries.
Mark Daniel Webber, 30, pleaded guilty to one count each of dangerous operation of a conveyance and wilfully resisting or obstructing a peace officer.
On Feb. 9, 2019, Webber and a friend were riding their sport bikes on Highway 1 while RCMP members were doing speed enforcement near the Westview Drive overpass, the court heard at Webber’s March 17 sentencing hearing in North Vancouver provincial court.
Const. Tyler Smith stepped out and flagged Webber down for speeding, but Webber continued on, hitting Smith with his handlebars before speeding away at about 215 kilometres per hour, the court heard.
The collision spun the officer around, causing him to fall and hit his head on the median, according to Crown lawyer Lindy Ostry. Smith suffered a major concussion, scratches to his hand, and three inches of tissue loss from his head.
Police arrested Webber several days later, after receiving tips from the motorcycle community and reviewing social media posts that led them to their suspect. They seized GoPro cameras from both Webber and the friend he was riding with, which captured portions of the incident. The day after the collision, Webber texted video and still photos showing Smith attempting to stop him with his friend, accompanied with the messages: “Lool” and “The look of defeat,” Ostry told the court.
Following the incident, Smith was off work for a time with weekly migraines, dizzy spells, headaches and sensitivity to light. He did gradually return to work but was limited to administrative duties due to lingering effects from the collision.
“The incident clearly had a significant and lasting impact for Cpl. Smith,” Ostry said.
The Crown is seeking a conditional sentence, which would allow Webber to serve his time through a period of house arrest, plus an 18-month ban on driving.
Webber’s defence submitted that a conditional sentence of three to four months would be more appropriate.
Defence lawyer Kyla Lee conceded to the court that Webber’s driving that day was bad, and he was “chasing cheap thrills through rash decisions without thought for how it might affect his future.”
But she said he now takes responsibility for his behaviour and is remorseful for what he did.
Since the offence, Webber has turned his life around, getting off drugs, spending time with a better network of friends, gaining better control of his emotions and getting himself started in the film industry, where he hopes to eventually channel his love of motorsports into a career as a stunt driver.
“This transition he's made since this incident took place is the proudest achievement that he's made in his life,” Lee said.
Asked if there were any letters of reference, employment records or statements from counsellors who could attest to Webber’s turnaround, Lee said there were none at hand. Judge Joanne Challenger adjourned the sentencing hearing, giving time for Lee to source evidence in support of her client’s claims.
Challenger warned both the Crown and defence that she struggled with the idea Webber should be entitled to a conditional sentence at all.
“This is an extremely serious offence, which your client found funny. He found it entertaining. In fact, he was laughing outrageously out loud. He endangered not just the police officer, but many others on the highway that day,” she said. “It was brazen, and I'm not satisfied on the basis of submissions of counsel that I can accept that he has, quote, turned his life around.”
Both sides are due back in court next week to set a date to resume the sentencing hearing.
Webber’s motorcycle is now the subject of civil forfeiture proceedings.
