No jail for Vernon driver involved in fatal hit and run

It was dark and raining on the November morning last year when Blake Eric Martin left his Vernon home at roughly 4:30 a.m. to drive to work.

He'd only been driving a couple of blocks before the 32-year-old hit something in his Kia SUV.

He wasn't sure if it was a shopping cart or a person, but instead of stopping to check all was OK he panicked and continued driving before quickly pulling into the Petro-Canada gas station on 25 Avenue.

But it wasn't a shopping cart, it was Michael Samoleski, a Vernon man in his mid-50s who was using a walker.

One passerby described hearing a loud bang.

On Sept. 18, at the Vernon courthouse, Martin pleaded guilty to failing to stop at the scene of an accident.

"The duty to stop... despite the anxiety that would affect anyone in such an accident is a simple duty as a human being," Crown prosecutor Anglea Ross told the court.

After Martin pulled into the gas station he waited a few moments, saw that other vehicles had stopped, and then drove home via a different route. Once home he began walking to the crash scene but changed his mind and headed home. He called in sick to work and went to bed.

Defence lawyer Julian van der Walle said one of Martin's best friends had died two days beforehand and he wasn't coping emotionally.

Police quickly identified the vehicle from a QR code on the wreckage left at the scene, and within hours were at Martin's door. His damaged vehicle sat in the driveway.

Once arrested and at the police station, a defence lawyer told Martin not to say anything, but he confessed to police what had happened anyway.

Martin, 32, has a lengthy driving record having been banned from driving twice along with 13 other violations.

However, the court heard that his driving wasn't at fault and there was no indication that drugs or alcohol were involved.

While no CCTV footage of the incident exists, there was video footage of Samoleski in and around the road for about 15 minutes beforehand. The video showed Samoleski bent over, often in the road, moving slowly with a walker. At one point he stands doubled over in the middle of the road for nine minutes.

"He came out of nowhere," BC Provincial Court Judge Jeremy Guild said. "I'm not trying to blame Mr. Samoleski but it is part of the facts. There is nothing to suggest that your driving was the cause of the accident."

When police arrived at the scene they immediately identified Samoleski, in part due to a large number of tattoos on his head.

Samoleski has a long criminal history and dealings with police. He served six years in jail in Saskatchewan for sexually assaulting a sex worker with a weapon before arriving in the South Okanagan 2011. A year later he was back behind bars for charges of assault and breaching conditions.

The Crown prosecutor read out a victim impact statement from his sister, which noted the abusive childhood they'd both endured.

"She wants the court and Mr. Martin to know that Mr. Semoleski was loved by his family," the Crown said.

Semoleski had two children, but his son, Dakota Samoleski was murdered near Armstrong in 2021. Earlier this year, Jevon Smith was sentenced to eight and a half years jail for the killing.

The defence lawyer said there was no deception in Martin's actions.

"There's no calculated attempt to cover up what he did," van der Walle said, adding he left the vehicle in the driveway and didn't even put it in the garage.

"This truly is a situation where you have a young person who is overwhelmed with panic (and) doesn't know what to do," van der Walle said.

The court heard how Martin had had a tough childhood, but became a red seal wielder and held the same job for the last decade.

"It's not the driving we are punishing it's the decision he makes after the driving," his lawyer stressed.

The Crown wanted Martin to do six months of house arrest followed by a three-month curfew, pay a $2,000 fine and get a driving prohibition.

Martin's lawyer argued for one month of house arrest, followed by a five-month curfew.

"Whatever sentence I impose can not change history, can not bring Mr. Samoleski back," Judge Guild said.

"There is nothing to suggest that your driving was the cause of the accident. The problem is what you did afterwards, or more particularly what you didn't do."

Ultimately, Judge Guild sentenced Martin to three months of house arrest followed by a three-month curfew and ordered him to pay $2,000.

"I'm sure Mr. Martin you'll take care moving forward," the judge said.