A Toronto man on trial for dangerous driving causing death has testified the reason he drove at more than three times the posted speed limit when he crashed his minivan into an SUV nearly five years ago was because he was fearful for his life.

Shabari Tull’s lawyer, John Fitzmaurice, told the jury in his closing arguments Thursday that his client was acting in self-defence when he drove at more than 150 km/h for roughly 25 seconds down Burnhamthorpe Road on Oct. 15, 2021. The posted speed limit is 50 km/h.

Fitzmaurice said Tull was involved in a road rage incident roughly a kilometre before the crash at Burnhamthorpe Road and Shaver Avenue that claimed the life of 59-year-old Carlos Dinis and he was in a fight or flight mode.

Defence told the jury that Tull, who was 23 at the time and who does not have a criminal record nor Highway Traffic Act (HTA) record, is a law-abiding citizen who would otherwise not be travelling at more than three times the speed limit in broad daylight on a major street in Toronto. He also pointed out his client was driving in a 2008 Pontiac Montana minivan.

“Why would Mr. Tull be racing, as Mr. Foreman (the Crown) suggested, a minivan against a BMW,” said Fitzmaurice, who argued it was an instance of road rage.

Tull testified that as he was driving westbound through a yellow light at Kipling Avenue and Burnhamthorpe Road, he cut off a black car going southbound on Kipling and nearly collided.

Fitzmaurice said that his client’s evidence is that the driver of the black vehicle began honking, laying on the gas and began following Tull’s minivan. Tull testified that the BMW driver pulled up next to him and said “pull the f— over” and pulled out a handgun.

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Tull also told the jury that he had been shot multiple times by a stranger in Trinidad in 2016 and was terrified for his life.

“As a result of that, he panicked and put the gas pedal to the metal and a chase began,” Fitzmaurice added.

“After what we say was probably not more than a 25-second chase, a black Honda SUV driven by Mr. Dinis came unexpectedly from Mr. Tull’s perspective into his lane. He swerved, he hit the brakes — what is conceded is he couldn’t avoid the SUV and the vehicles collided, resulting in the tragic death of Mr. Dinis,” Fitzmaurice said.

According to the agreed statement of facts,  the airbag control module (ACM) showed that Tull’s minivan was accelerating to a maximum speed of 157.7 km/h just three seconds before the crash and the throttle remained at 100 per cent until two seconds prior to impact.

Assistant Crown attorney Jackson Foreman told the jury that regardless of whether or not the jury believes Tull’s story, his driving was a marked departure from what a reasonable person would have done in a similar circumstance.

“You do not all need to believe he was racing at the time of the crash or he was fleeing a man who pointed a gun at him. Some may reject his story, others may reject parts of it. If you find his dangerous driving was not reasonable, it was a marked departure from what a reasonable person would have done, you must find guilty,” said Foreman.

Foreman pointed out that other witnesses who testified could have been injured or killed and that Tull admitted himself it was dangerous.

“It was a danger to every single person in the area that day. That is the conduct you’re being asked to determine if it’s reasonable,” said Foreman.

The jury has heard that the driver of the black BMW seen in video surveillance driving at extreme speed behind Tull’s minivan has never been identified.

Foreman also pointed out some problems with Tull’s evidence, including the fact he was inconsistent in his choices that day.

“He claimed he only had one option. Flooring the gas pedal. Later he acknowledged there were other options,” said Foreman. “He told you he was looking for a safe place to call 911 but rejected the fire station that he passed.”

Foreman said Tull also could have turned off Burnhamthorpe Road or hit the brakes to see if he could lose the BMW, but Tull said it was too dangerous.

The Crown also pointed out that after the collision, two witnesses testified they heard Tull say, “That guy came out of nowhere” and “I can’t believe I’m alive,” but made no mention of the road rage incident.

“Ask yourself, if someone had just been chased at gunpoint in broad daylight, why would they not say anything to anyone,” Foreman said, who called Tull’s story implausible.

Tull has pleaded not guilty. Deliberations are expected to begin Thursday night.

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