Trial begins for Ontario man accused of deadly chain-reaction crash that killed couple

Almost 3 years to the time aft a concatenation absorption clang connected Parkside Drive that killed Valdemar and Fatima Avila, the proceedings for Artur Kotula, the 38-year-old antheral charged with 2 counts of some unsafe driving causing decease and bodily harm, has begun.

According to an agreed connection of facts work retired successful court, Kotula was driving southbound successful his 2013 BMW 320i car approaching Spring Road astir 4:40 pm. The street, which runs done a residential area, had a velocity bounds of 50 km/h astatine the time.

As Kotula approached the intersection with Spring Road, which is controlled with automated postulation lights, southbound postulation was slowing to a halt owed to a back-up of dense unreserved hr postulation connected Lake Shore Boulevard.

Ahead of the BMW were 4 vehicles travelling successful the southbound curb lane of Parkside Drive. Kotula’s BMW moved into the curb lane and struck a Toyota Matrix being driven by Valdemar Avila. His woman Fatima was sitting successful the rider seat. That caused a concatenation absorption crash. The Avila’s Toyota past struck a Honda CRV which had Celestino Ferreria and his woman Olinda inside, which successful crook struck a Dodge Grand Caravan, which successful crook struck a GMC Sierra.

Kotula’s BMW mounted the sidewalk and came to a halt erstwhile it collided with a hydro pole.

Seventy-one-year-old Valdemar Avila and his wife, 69-year-old Fatima, some succumbed to their injuries, caused by the collision. Kotula was arrested connected Nov. 19, 2021. Seventy-one-year-old Celestino Ferreira and his 71-year-old woman Olinda suffered insignificant injuries.

It is besides an agreed information that Kotula’s Ministry of Transportation (MTO) driving grounds recovered that Kotula mislaid his driver’s licence connected March 12, 2020, for aesculapian reasons and it was re-instated connected Jan 15, 2021. Further, the MTP registered the driver’s licence suspension for aesculapian reasons dated Oct. 23, 2021. This suspension remains successful effect.

Dash camera video recovered from Simon Chong’s northbound conveyance was shown successful tribunal which captured the collision betwixt Kotula’s BMW and the Avila’s Toyota. A doorbell camera video was besides shown successful tribunal which captured the collision from the eastbound broadside of Parkside Drive looking west.

Det. Const. Andrew Vanderburg, a collision reconstructionist, testified that 5 seconds anterior to the collision, the BMW was travelling 107 km/hr connected Parkside Drive and accelerated to 124 km/hr conscionable 2.5 seconds anterior to the crash. The BMW past began to decelerate. Vanderburg besides said the BMW’s accelerator was depressed 99 per cent until 2 seconds anterior to the collision, astatine which constituent the brake pedal was concisely connected erstwhile the accelerator was lone depressed to 36 per cent, earlier the accelerator was again depressed to 99 per cent.

During cross-examination, defence lawyer Justin Marchand asked if determination were immoderate tyre marks connected the pavement. Vanderburg said nary earlier explaining accusation from the BMNW’s lawsuit information recorder (EDR) suggested the brakes were not applied but for that one-half second. Marchand besides asked if determination was a deficiency of reported steering which Marchand agreed with.

“Is it accordant with idiosyncratic unconscious astatine the wheel?” queried Marchand. “I can’t get wrong someone’s head,” Vanderburg replied. Superior Court Justice Sukhail Akhtar interjected they were speculative questions.

Kotula, who has been successful custody since his arrest, has pleaded not guilty.

The judge-alone proceedings continues.