A Burlington, Ont., man who caused a fatal chain-reaction crash down a busy Toronto street in 2021 has been sentenced to six-and-a-half years in prison.
Artur Kotula was also given a 15-year driving prohibition by Superior Court Justice Suhail Akhtar Friday after being found guilty last November on two counts of dangerous driving causing death and two counts of dangerous driving causing bodily harm.
“What you did, it has life-long consequences for the members of these families. I don’t know what happens to you after the sentence, but you should reflect long and hard on your actions that day,” Akhtar told Kotula in a downtown Toronto court Friday.
“These people will never get their loved ones back. Just reflect on that and take steps to potentially remedy any causes you think led to your actions.”
The fatal Oct. 12, 2021, crash was a “a crime of stupidity,” Akhtar added, saying Kotula’s conduct failed to take into account not just the conditions on that day, but his own medical conditions.
The crash occurred on Parkside Drive near High Park. It was an admitted fact that Kotula, who was 38 at the time, was driving a BMW southbound on Parkside when he approached the intersection at Spring Road and collided with a Toyota Matrix.
That Matrix, occupied by 71-year-old Valdemar Avila and his 69-year-old wife, Fatima, was sitting at the intersection given traffic had come to a stop.
It was rear-ended, and the impact caused a chain reaction involving three other vehicles. Kotula’s car would eventually mount a curb and hit a hydro pole.
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Valdemar, who was driving the Matrix, died at the scene. Fatima, a passenger, was rushed to hospital where she later died. Two occupants in a Honda CRV that was in front of the Avilas’ vehicle were also injured.
A collision reconstructionist testified at trial Kotula was travelling at 107 km/h five seconds before the collision and accelerated to 124 km/h two-and-a-half seconds before impact.
The BMW then decelerated to 101 km/h 1.5 seconds before impact, but the brake was only depressed for half a second before the car began to accelerate again. The reconstructionist said the BMW was travelling at between 101 and 117 km/h at the time of impact with the Toyota.
The speed limit on Parkside Drive at the time was 50 km/h.
Akhtar, who presided over the judge-alone trial last fall, rejected Kotula’s testimony that he blacked out at the time of the crash, calling him an “unreliable historian.”
“Although Kotula stated he blacked out, witnesses and video evidence show the opposite. He appeared confused but alert and aware of his surroundings,” Akhtar said.
At trial, Kotula testified he did not remember being told by Dr. John Sallazzo, an emergency room doctor at St. Joseph’s hospital, three days before the crash that he was losing his driver’s licence due to alcohol substance abuse disorder.
Sallazzo testified he told Kotula not to drive and was advising the Ministry of Transportation. Akhtar found that Kotula ignored the doctor’s advice and chose to drive anyway.
Kotula had a history of seizures. In February 2020, he suffered a seizure at a hardware store. His licence was suspended on March 12, 2020, after it was determined the seizure was due to withdrawal from alcohol. The licence was reinstated on Jan. 15, 2021.
Akhtar rejected the testimony of Dr. Bernd Pohlmann-Eden, a witness for the defence, who testified Kotula had likely suffered a seizure while driving. The judge said Pohlmann-Eden was not an impartial witness and “set out to give an opinion that would be favourable to Mr. Kotula.”
“I find he was fully aware of this advice when he got behind the wheel on October 12, 2021. Even if I found he suffered a seizure, I would still find he drove in a manner of a marked departure,” Akhtar said in November.
Assistant Crown attorneys Marnie Goldenberg and Ana Serban proposed a suitable sentence would be 10 years concurrent for the two counts of dangerous driving causing death, whereas defence lawyer Justin Marchand argued for 54 to 60 months.
“I’m not persuaded a 10-year sentence is appropriate in this case. He was not intoxicated nor did he have a prior criminal record,” Akhar said.
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On the two convictions for dangerous driving causing bodily harm, Kotula was given a four-year sentence to be served concurrently with the six-and-a-half year sentence for the counts of dangerous driving causing death.
Kotula has been in custody since his arrest after 1.5 credit for every day served in pre-sentence custody; he was given 1,839 days credit. Court heard he has 533 days left to serve in custody.
Court heard Kotula immigrated to Canada from Poland in 2008 on a work permit and is not a permanent resident.
He has been in custody on an immigration hold and will be facing deportation upon completion of his custodial sentence.
The Avila’s daughter spoke to Global News by telephone after court Friday.
“It’s not enough. To think he’s going to be spending another 1.5 years in jail for killing two people and destroying my life, the lives of my children, my husband’s life and everyone who cared and adored my parents and their company,” said Ashley Avila.
She added, “I’m relieved it’s over but disappointed with the sentence. We wanted what the crown was asking, but even ten years is not enough for two lives.”
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