Crown prosecutors are asking for a five-year prison sentence for a Toronto man who drove at more than three times the speed limit causing a fatal collision.
asserted
who → ask → collision
28-year-old Shabari Tull was found guilty of dangerous driving causing death in early May after a jury trial.
uncertain
Tull → find → trial
In her victim impact statement, Michelle Dinis, Carlos’ sister, told court that in the five years since her brother’s death, Tull has not shown any remorse for the life he took.
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he → tell → life
Michelle said just five days before her brother was struck and killed as he was attempting to turn onto Burnhamthorpe Road from Shaver Ave., where he lived, the family was enjoying Thanksgiving.
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family → say → Thanksgiving
“Mr. Tull was driving 156 km/h in a 50 zone when he struck the driver’s side door as Carlos was leaving his own street, in a residential neighbourhood,” Michelle said.
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Michelle → drive → neighbourhood
Court heard Carlos, who had built a career in trucking and dispatch, was just four months from retirement.
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who → hear → retirement
“He was robbed of it.
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He → rob → it
Carlos did not survive a drive that should have taken him safely beyond his own street.”
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that → survive → street
Carlos’ widow told court in her victim impact statement that she lost her best friend and husband that day.
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she → tell → friend
“I had retired February of that same year and my husband and I had planned for our retirement that was ripped away from us,” said Janice Dinis.
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Dinis → retire → us
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Assistant Crown Attorney Jackson Foreman argued at trial that Tull was street racing but defence lawyer John Fitzmaurice said that Tull was being chased in an act of road rage by a driver whom he cut off.
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he → get → whom
“The two cars almost collide, the driver of the black vehicle begins honking, lays on the gas and begins following.
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driver → collide → gas
He says the BMW driver pulls up and says pull the f— over and pulls a handgun on him,” said Tull in his closing address at trial, summarizing the short version of Tull’s evidence.
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Tull → say → evidence
Foreman told Superior Court Justice Andrew Pinto that Tull’s testimony should be disbelieved.
“There is no evidence that the driver of the BMW pointed a gun at Mr. Tull.
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driver → tell → Tull
In his testimony, he acknowledged there were safer alternatives to what he did do,” said Foreman.
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Foreman → acknowledge → what
Foreman pointed out that Tull, who said “he was looking for a safe place to call 911”, drove past a fire station.
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he → point → station
“After the crash, not only does he not call 911, he actually sits on the road in contradiction to this claim, right across from the BMW driver.”
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he → call → driver
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board → charge → killer
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The Crown said that innocent bystanders could have been hurt or injured, saying it is an aggravating factor.
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it → say → scans
“Even if your honour were to believe Tull’s story that there was a firearm, it is a mitigating factor.
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it → believe → story
I would submit a conditional sentence is outside the range,” Foreman added.
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Foreman → submit → range
“He was going well over the speed limit for several blocks.”
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He → go → blocks
Fitzmaurice suggested an 18-month conditional sentence to be served under house arrest would be more appropriate.
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sentence → suggest → arrest
Tull has no prior criminal record.
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Tull → have → record
The defence argued that based on the jury’s question after a day’s deliberations began, he believes the jury was debating the issue that some sort of threat had occurred to justify a self-defence scenario.
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sort → argue → scenario
“Let’s say I accept there was an aspect of self-defence, why is the 5-year sentence inappropriate, just for effectively, the gravity and consequences of the offence,” Pinto asked Fitzmaurice.
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Pinto → say → Fitzmaurice
“A member of the public was killed crossing the intersection of his street.
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member → kill → street
Your client was driving at a high rate of speed.”
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client → drive → speed
Fitzmaurice told court Tull is not a Canadian citizen and there will be immigration consequences.
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Tull → tell → court
“He doesn’t have a right of appeal if he gets more than six months custody,” said Fitzmaurice.
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Fitzmaurice → have → custody
Tull was given the final word at Thursday’s hearing.
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Tull → give → hearing
When asked if he wanted to address the court, he stood up and said “I sincerely apologize.”
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I → ask → court
The judge will hand down the sentence in December.
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judge → hand → December
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