Suspended driver who caused deadly Toronto crash on Parkside Drive found guilty

Artur Kotula, nan suspended driver who drove astatine dangerously precocious speeds down Toronto’s Parkside Drive 3 years ago, sidesplitting a mates aft rear-ending their car, has been recovered blameworthy connected 2 counts of vulnerable driving causing decease and 2 counts of vulnerable driving causing bodily harm.

Superior Court Justice Sukhail Akhtar, who presided complete nan judge-alone proceedings past month, rejected Kotula’s grounds that he blacked retired astatine nan clip of nan crash, calling him an “unreliable historian.”

Akhtar said Kotula’s grounds was contradictory and inconsistent and recovered he was conscious astatine nan clip of nan collision.

Akhtar accepted nan grounds of 1 witnesser who testified that Kotula swerved crossed nan centre statement into oncoming postulation earlier correcting himself and continuing successful southbound postulation and witnesses who saw him aft nan crash.

“Although Kotula stated he blacked out, witnesses and video grounds show nan opposite. He appeared confused but alert and alert of his surroundings,” Akhtar said.

It was an admitted truth that Kotula, who was 38 years aged astatine nan time, was driving a BMW southbound connected Parkside Drive connected nan day of Oct. 12, 2021 erstwhile he approached nan intersection of Spring Road and collided pinch a Toyota Matrix that was sitting astatine nan intersection arsenic postulation had travel to a stop.

The effect caused a concatenation guidance involving 3 different vehicles. Kotula’s car past mounted nan curb and struck a hydro pole.

Valdemar Avila, 71, was driving nan Toyota Matrix. His woman Fatima Avila, 69, was successful nan rider seat. Valdemar was pronounced dormant astatine nan segment and Fatima was rushed to hospital, wherever she was pronounced dead.

Two occupants successful a Honda CRV successful beforehand of nan Toyota were besides injured.

A collision reconstructionist testified astatine proceedings that Kotula was travelling astatine 107 km/h 5 seconds earlier nan collision and accelerated to 124 km/hour two-and-a-half seconds earlier impact.

The BMW past decelerated to 101 km/h 1.5 seconds earlier effect but nan brake was only depressed for half a 2nd earlier nan car began to accelerate again. The reconstructionist surmised that nan BMW was travelling astatine betwixt 101 and 117 km/h astatine nan clip of effect pinch nan Toyota.

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The velocity limit connected Parkside Drive astatine nan clip was 50 km/h.

The judge besides rejected nan grounds of Dr. Bernd Pohlmann-Eden, a witnesser for nan defence. The neurologist testified that Kotula had apt suffered a seizure while driving. The judge said successful handing down his verdict that Pohlmann-Eden was not an impartial witnesser and “set retired to springiness an sentiment that would beryllium favourable to Mr. Kotula.”

At trial, Kotula testified he did not retrieve being told by Dr. John Sallazzo, an emergency room expert astatine St. Joseph’s hospital, conscionable 3 days earlier nan collision that he was losing his driver’s licence owed to intoxicant constituent maltreatment disorder. Sallazzo testified he told Kotula not to thrust and was advising nan Ministry of Transportation.

Kotula had a history of seizures. In February 2020, he suffered a seizure astatine a hardware store. His licence was suspended connected March 12, 2020 aft it was wished nan seizure was owed to withdrawal from alcohol. The licence was reinstated connected Jan. 15, 2021.

Akhtar said he recovered Kotula was not being truthful astir having nary representation of his chat pinch Sallazzo and knew he had a information that affected his driving.

“I find he was afloat alert of this proposal erstwhile he sewage down nan instrumentality connected October 12, 2021. Even if I recovered he suffered a seizure, I would still find he drove successful a mode of a marked departure,” Akhtar said.

Akhtar recovered that Kotula ignored nan doctor’s proposal and chose to thrust anyway.

A sentencing proceeding has been scheduled for mid-January.