There was no reason given why convicted drug dealer Nigel Myron Holubitsky used his Porsche SUV to hit Austin Peterson and then, with the man on the hood of his vehicle, smash into a Kelowna business.

“In this case, we have a vehicle essentially being used as a weapon,” Crown prosecutor David Reznikov told a Kelowna courtroom Sept. 15. “This case could easily have been a manslaughter file.”

The court heard how Peterson was “extremely fortunate” not to have been seriously injured, but his reluctance to deal with the authorities meant there was no explanation given as to why he was targeted.

The incident dates back to Apr. 22, 2022, when in the early hours of the morning, Holubitsky deliberately accelerated and steered his Porsche Cayenne into Peterson before crashing into the front of the business, Code Ninjas.

The Porsche destroyed the reception area of Code Ninjas, and caused considerable damage.

Holubitsky fled the scene, and when police later turned up at his door, he told them he hadn’t seen his vehicle in a few days.

He was later charged with dangerous operation of a vehicle, causing bodily harm and mischief.

At the trial in February, Holubitsky claimed he thought he’d put his vehicle into reverse and unintentionally drove into Peterson. But CCTV footage told a different story and the court rejected his evidence, finding it neither credible nor reliable.

The court heard how Code Ninjas, which was a coding centre for children, suffered tremendously following the crash.

The business had only been open for three months and the damage was quoted at $67,000.

The Crown prosecutor read out a victim impact statement to the court from the business owner.

“This was not how I expected my first venture into entrepreneurship to start out. I lost all the confidence and excitement I had about it, just from this one attack,” the statement read. “To take the risk of starting my own business, all the time and money to get it up and running, only to have this happen just barely after we opened our doors, it was probably the most stressful moment in my entire life.”

It took months for the business to become fully operational again, and the owner put the loss of revenue at $32,000. Finally, in December 2023, unable to recover from the lengthy closure Code Ninjas shut down.

“I am still frustrated by the blatant disregard for people or property,” the business owner’s statement read.

The court heard how Holubitsky had a lengthy criminal record with 17 convictions.

“I know Mr. Holubitsky has received multiple lengthy jail sentences which have unfortunately failed to deter Mr. Holowicz,” the Crown said.

The 44-year-old has done jail time for possession for the purpose of trafficking, and in 2017 was sentenced to four years in jail for weapons offences.

“Mr. Holubitsky has once again committed a serious criminal offense relatively soon after serving a lengthy jail sentence,” the Crown said.

He currently has an upcoming trials slated for next year for possession for the purpose of trafficking and drunk driving.

The court heard how Holubitsky had previously had substance abuse issues, but was now clean and sober. He’d been working for the same employer for three years, who submitted a letter to the court talking about his good work ethic.

In addressing the court, Holubitsky said he didn’t know Peterson and was remorseful for his actions.

“I look at this whole situation as a new lease on life. Thank God nobody was hurt,” Holubitsky said. “I’ve messed up, I’ve made a mistake, it doesn’t mean I’m a bad person.”

He said that crushing the business owner’s dream was terrible and he’d like to make things right.

The Crown argued for two years in jail, while Holubitsky’s defence lawyer wanted a sentence of house arrest.

However, the judge adjourned the sentencing, saying she needed more time before making a decision.