Artur Kotula says his last recollection of a deadly crash on Toronto’s Parkside Drive that claimed the lives of Valdemar and Fatima Avila was about 400 metres prior to the collision.
The 41-year-old Burlington, Ont., man testified in his own defence at his dangerous driving causing death trial Tuesday that as he was driving home from his construction job on Oct. 12, 2021, he started having blurry vision while headed southbound on Parkside Drive. Kotula said he changed lanes and tried to pull over around High Park Boulevard.
“Before everything went black, I had my foot on the brake pedal,” Kotula said.
His next memory, he testified, was lying on a stretcher outside the ambulance after the collision that claimed the lives of Valdemar and Fatima Avila.
Kotula testified that once before he experienced blurry vision, in February 2020 when he was walking down an aisle at a Home Depot store.
“I start having blurry vision and then everything went black,” Kotula recalled.
He said was taken to hospital by ambulance and learned he had suffered a seizure as a result of alcohol withdrawal. As a result, Kotula testified his driver’s licence was suspended until Jan. 15, 2021.
Kotula also testified just three days before the crash, on Oct. 9, 2021, he woke up in St. Joseph’s Hospital but could not recall how he got there. He said he was in the emergency room on a bed, saw a nurse and asked her why he was there. Kotula said she eventually told him he could leave. He testified he did not remember meeting Dr. Sallazzo, an ER physician who testified Friday that he told Kotula he was suspending his driver’s licence for medical reasons due to alcohol abuse disorder.
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Kotula testified he was driving at a normal speed, 50 km/h, on Parkside before his vision became blurry and said he was not concerned about having a seizure on that day.
During cross-examination, assistant Crown attorney Marnie Goldenberg reminded Kotula about evidence paramedic Robert Gillman gave on Friday in which he said Kotula was conversing and conscious.
“You’re now saying you have no memory of that?” Goldenberg questioned, pointing to body camera video in which Kotula appeared to be aware of his surroundings.
Kotula said he had no recollection of engaging with EMS.
Regarding his visit to St. Joseph’s Hospital on Oct. 9, 2021, Goldenberg asked again if he had any memory of talking with Sallazzo.
“Your first memory is with the nurse about 10 minutes later? And you’re fine?”
Kotula agreed, saying he was able to walk out of the hospital.
“I’m going to suggest that you remember speaking to Dr. Sallazzo, who said you were alert and conscious,” Goldenberg said.
Kotula said: “No, when I woke up, I didn’t see any doctor. I only spoke to a nurse.”
Goldenberg pointed out that on Sept. 21, 2021 he was given an administrative driving suspension, which was still in effect on the day of the collision.
“On October 12th, you drove to work and drove home knowing you were on an administrative suspension?”
Kotula agreed.
The Crown also asked about meeting with two doctors on Oct. 15, 2021 at St. Michael’s Hospital, where he was recovering after the crash. Goldenberg pointed out the first time Kotula mentioned experiencing blurred vision was on that day, three days after the crash.
She also referred to a report from Oct. 12 in which Kotula did not mention any blurred vision. Kotula replied he may not have mentioned changes to his vision, saying the doctor didn’t ask.
“Did you not think it was important to mention blurred vision and passing out?” the Crown asked.
Kotula said he did not.
“You were speeding before colliding with the Avilas’ vehicle,” Goldenberg said.
“You are creating this story about losing consciousness, which you only told three days after the collision to avoid any liability and learned about criminal charges against you. That’s when you told people about losing consciousness.”
Kotula responded: “That’s my memory.”
A collision reconstructionist has already testified that Kotula was travelling down Parkside at 107 km/h five seconds before the collision and was accelerating. His speed was 124 km/h just two-and-a-half seconds prior to the crash and his foot was depressed on the gas pedal at 99 per cent. Kotula briefly braked until two seconds prior and struck the back of the Avilas’ Toyota Matrix at between 117 and 101 km/h.
Goldenberg pointed out that Kotula told the two doctors who met with him on Oct. 15 different stories about withdrawal seizures.
“In one day, you told a doctor it was a result of alcohol withdrawal and you told another doctor there was no cause of seizure, correct?” the Crown said.
Kotula agreed.
“As you can see with the medicals, you are inconsistent with different doctors. You’d agree with that. And you were saying whatever would help in the moment?” Goldenberg asked.
Kotula disagreed.
The trial continues.
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