A Burnaby Mountie whose arm was broken in a 2018 hit-and-run is “quite upset” that the sentencing of the driver charged in the incident has been adjourned by another two months.
Fabian Ernesto Argenal Lopez, 33, was charged in February 2022 with failing to stop at the scene of an accident involving bodily harm, driving while disqualified and obstructing a police officer.
A hearing was scheduled in Vancouver provincial court Friday for Argenal Lopez to enter guilty pleas, and his sentencing was scheduled for Monday.
Defence lawyer Justin Myers told the court a plea deal has been reached in the case, and, if the judge agrees to a joint sentencing submission, his client will spend some time in jail.
But Argenal Lopez’s wife is pregnant and “unexpectedly having some difficulties” with the pregnancy, according to Myers, and he asked the sentencing be adjourned to March 8.
“Him going into custody on Monday would be very difficult for her,” Myers said.
He explained Argenal Lopez and his wife had moved to the Lower Mainland to be closer to Argenal Lopez’s family but that his mother is away until after Feb. 20.
Crown prosecutor Margaret Mackie said she didn’t oppose the adjournment but noted the police officer involved in the incident, Burnaby RCMP Const. Diane Marsh, wasn’t happy about it.
“She’s quite upset by having a further delay of this matter,” Mackie said, “so I’m hoping that this is the last time that there is delay and that we’re able to complete the sentencing on March 8.”
Mackie noted Marsh has prepared a victim impact statement and plans to present it to the court in person.
B.C. provincial court Judge Harbans Dhillon agreed to the adjournment but called it a “long adjournment for a dated matter.”
Argenal Lopez’s charges are linked to an incident at a Husky station at the corner of Willingdon Avenue and Parker Street on July 4, 2018.
According to police media releases at the time, an officer tried to stop a grey Dodge Nitro SUV by the gas station at about 10 a.m. that day.
Police said the driver appeared to have been using an electronic device behind the wheel, and the Mountie, who was on foot, signalled for him to pull over, but the driver ignored her and took off southbound on Willingdon – hitting the officer in the process.
After an investigation that lasted three-and-a-half years, charges related to the incident were laid against Argenal Lopez on Feb. 1, 2022.
He was arrested in Alberta on Feb. 3, 2022 and released the same day pending a court date back in B.C., according to Burnaby RCMP.
At the time of the July 4, 2018 incident, Argenal Lopez was already facing a charge of driving while prohibited in March 2018 in Vancouver, according to Court Services Online.
Follow Cornelia Naylor on Twitter @CorNaylor
Email cnaylor@burnabynow.com
