British Columbia

Driver involved in fatal North Vancouver crash now faces impaired driving charges

A man now faces impaired driving related charges in connection to a late-night crash in North Vancouver last year that killed a Burnaby woman and led to her husband's death three months later.

Marcelina Agulay was killed in the March, 2021 crash. Her husband Leonilo Agulay died 3 months later

Marcelina Agulay, left, died after a late-night crash in North Vancouver. Her husband, Leonilo Agulay who was with her in the car, died about three months later. Andre Lukat now faces four criminal charges in relation to the crash. (Beth Dollaga/Facebook)

It was a tragic story from the start — Marcelina Agulay, a beloved grandmother, praised for her political and community work, allegedly killed by a drunk driver who crossed the centre line late one night along North Vancouver's Low Level Road.

That tragedy only grew in the months that followed, as the victim's husband, Leonilo Agulay — a passenger who had initially survived the crash — also died.

Now the driver of the other car faces charges in connection to the March 2, 2021 incident.

Andre Matthew Lukat, 46, faces charges of dangerous operation of a vehicle causing death, impaired operation of a vehicle causing death, dangerous operation of a vehicle causing bodily harm, and impaired operation of a vehicle causing bodily harm.

"They were just trying to get home. They were just trying to get home," said the Agulays' nephew, Jo Cumigad, on Friday.

The crash on Low Level Road in North Vancouver in March 2021, pictured in this photo. Andre Matthew Lukat, 46, faces charges in connection to the incident. (Ryan Stelting)

Cumigad spoke on behalf of the family — the Agulays' son Leomar Agulay is still too torn up about the tragedy.

"He's an only child — to have to bear this. His heartache is second to none," said Cumigad.

For Beth Dollaga, a close family friend, the criminal charges came as welcome news.

"It was a mixed feeling of, 'Finally, it's going to be heard,' and the high hopes and prayers that justice be served," said Dollaga, who worked with Marcelina Agulay on political and community campaigns, largely in the name of supporting Filipino migrants.

"Impaired driving exacts a devastating cost," she said, adding that beyond consequences for the accused in the case, she hopes the government and organizations will work harder to carry out programs to prevent more lives being lost.

For the family, the charges came as a relief.

Cumigad said he hopes Lukat "owns up" to what happened, and he would like to hear an apology.

Lukat's first court appearance is scheduled March 30.

The second death

Police originally reported that Leonilo Agulay had survived the crash, though they cautioned that his injuries were life-threatening.

News of his wife's death was kept from him, according to Cumigad, as Agulay struggled with his own recovery. He was rarely conscious in the weeks that followed the crash, and he missed his wife's funeral.

When he was eventually told the awful truth, he was heartbroken, said Cumigad.

"I mean it was the love of his life; how do you put that in words?" he said.

Marcelina and Leonilo Agulay are pictured during a funeral service held for Leonilo Agulay. He died about three months after a crash that killed his wife in March 2021. (Jo Cumigad)

Agulay worked at Walmart, which is where his wife had picked him up in North Vancouver the night of the crash.

Cumigad said he wasn't as deeply involved in community work as his wife, but he was always by her side supporting her.

Dollaga fondly remembers what a great cook Agulay was.

"I call him Filipino chef, because he's good at cooking all the Filipino food," she said.

The charges filed by prosecutors don't reflect Agulay's death, though Dollaga said they ought to — she argues the crash is the root cause of his death.

A spokesperson with the B.C. Prosecution Service wouldn't speak to specifics of the case, but said in an emailed statement that "the Crown has to prove every element of an offence beyond a reasonable doubt."

Cumigad says the family would also prefer if the driver's charges included his uncle's death, even though Agulay did appear to be recovering for a time in the three months after the crash.

"He didn't just die just from his injuries, but because of a broken heart," said Cumigad.