Toronto man faces sentencing after fatal crash at more than three times the speed limit – Toronto

Crown prosecutors are asking for a five-year prison sentence for a Toronto man who drove at more than three times the speed limit and caused a fatal collision.

28-year-old Shabari Tull was found guilty of dangerous driving after a jury trial in early May. The victim, 59-year-old Carlos Dinis, was a husband and father of three sons.

In her victim impact statement, Michelle Dinis, Carlos’ sister, told the court that in the five years since her brother’s death, Tull has shown no remorse for the life that he has.

Michelle said just five days before her brother was struck and killed as he tried to walk to Burnhamthorpe Road from Shaver Ave., where he lived, the family was enjoying Thanksgiving.

“Mr Tull was driving 156 km/h in a 50 zone when he hit the driver’s door as Carlos was leaving his own street, in a residential area,” said Michelle.

The court heard that Carlos, who built a career in trucking and broadcasting, was just four months away from retirement. “He was robbed. Carlos did not survive a drive that would have taken him safely across his own street.”

Carlos’ widow told the court in her victim impact statement that she lost her best friend and husband that day. “I retired in February of the same year and my husband and I had planned for our retirement that was ripped away from us,” said Janice Dinis.

Assistant Crown attorney Jackson Foreman argued at trial that Tull was road racing, but defense attorney John Fitzmaurice said Tull was chased in an act of road rage by a driver who cut him off.

“The two cars almost collide, the driver of the black vehicle starts honking, puts on the gas and starts following. He says the BMW driver pulls up and says pull the f- over and pulls a gun on him,” said Tull in his closing address at the trial, summarizing the short version of Tull’s evidence.

Foreman told Superior Court Justice Andrew Pinto that Tull’s testimony should not be believed.

“There is no evidence that the driver of the BMW pointed a gun at Mr. Tull. In his testimony, he acknowledged that there were safer alternatives to what he did,” Foreman said.

Foreman pointed out that Tull, who said “he was looking for a safe place to call 911,” drove past a fire station. “After the crash, he not only calls 911, he actually sits on the road in defiance of this claim, right across from the BMW driver.”

The Crown said that innocent neighbors would have been hurt or injured, said it is an aggravating factor.

“Even if your honor believes Tull’s story that it was a firearm, it is a mitigating factor. I would hand down a conditional sentence is out of the realm of possibility,” Foreman added. “He was going well over the speed limit for several blocks.”

Fitzmaurice suggested an 18-month conditional sentence to be served under house arrest would be more appropriate. Tull has no prior criminal record.

The defense argued that based on the jury’s question after a day its deliberations began, he believes the jury debated the issue that some type of threat occurred to justify a self-defense scenario.

“Let’s say I accept that there was an aspect of self-defense, why is the 5-year sentence not appropriate, just for the seriousness and consequences of the offense,” Pinto asked Fitzmaurice. “A member of the public was killed at the intersection of his road. Your client was driving at high speed.”

Fitzmaurice told the court that Tull is not a Canadian citizen and there will be immigration consequences. “He has no right of appeal if he gets more than six months in prison,” Fitzmaurice said.

Tull got the last word at Thursday’s hearing. When asked if he wanted to address the court, he stood up and said “I sincerely apologize.”

The judge will issue the sentence in December.