Driver who ran over Burnaby flaggers in hit-and-run found not criminally responsible

A woman accused of sending two traffic flaggers to hospital in a 2017 hit-and-run in Burnaby has been found not criminally responsible on account of mental disorder.

Brenda Aregay was charged with two counts of assault with a weapon, two counts of dangerous operation of a motor vehicle, two counts of failing to stop at the scene of an accident, and two counts of assault.

Aregay was found to be driving the SUV that struck a flagger in Burnaby construction zone on June 28, 2017, leaving with her with serious injuries including a concussion. A shocking video of the incident spread quickly on social media.

Aregay fled the scene and struck another flagger a short distance away, who suffered minor injuries.

The final two assault charges were linked to the assault of two children shortly after the two flaggers were hit. The children were found to be related to Aregay.

Aregay’s lawyer Michael Beckett confirmed a B.C. provincial court judge found his client not criminally responsible on Dec. 17.

1:49 Disturbing video of a B.C. flagger being hit leads to an arrest

While Beckett admitted the decision may be found “shocking or offensive,” he said it was made only after Aregay was “intensely assessed” by a forensic psychiatrist.

Beckett added Aregay has been subject to strict bail conditions since her arrest shortly after the incident and has “performed remarkably well.”

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The case will now proceed to the B.C. Review Board, which is required to conduct a hearing within 45 days of the ruling. Beckett said he’s not aware of any date being set.

Once the board hears the case, it will decide whether to grant Aregay an absolute discharge, a conditional discharge or detention in a hospital.

Beckett predicted his client “may very well be subjected to ongoing monitoring and conditional restraints on her liberties,” but added she continues to improve.

“In my opinion, she has been extraordinarily committed to managing her mental health … and she is focused on moving forward as the responsible, contributing member of society she had and has always been until this tragic episode arose,” he said.

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