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Reconstruction experts told the court that Kotula’s BMW was travelling at more than 120 km/h in a 50 km/h zone when it slammed into the back of the Avilas’ red hatchback, which was stopped at a traffic light. The impact hurled the couple’s car forward into other vehicles, causing minor injuries to other people, while Kotula’s own car jumped the curb and knocked over a hydro pole.

Body camera footage from a police officer showed the aftermath of the scene. First responders had to cut open the hatchback to remove the victims from the vehicle and paramedics attempted life-saving procedures. Valdemar, 71, was pronounced dead at the scene, while Fatima was taken to the hospital, where she died a short while later from her injuries.

The trial took place over two weeks in October, with the guilty verdict being delivered in late November by Justice Suhail Akhtar.

During the trial, defence lawyer Justin Marchand said the cause of the crash was not malicious, because Kotula had blacked out due to a medical episode while driving. Despite the evidence of an expert, Akhtar rejected that defence, also adding that if Kotula was suffering from a disorder that caused blackouts, he should not have been driving at all.

Kotula had testified that he had lost consciousness previously suffering from alcohol withdrawal. According to the agreed statement of facts, his driver’s licence had previously been suspended for medical reasons but was active at the time of the crash. (It was suspended again for medical reasons two days later.) There were no alcohol-related charges involved in this case.

Kotula, who wore a grey suit with running shoes at the sentencing, also has to submit to a DNA order and his driver’s license is suspended for 15 years.

The prosecution had asked for a 10 year sentence for each of the dangerous driving charges causing death, and 6 years each for the dangerous driving causing bodily harm charges. All the sentences were requested to be served concurrently.

In rendering his sentencing decision, Akhtar took into account that there were no aggravating factors like drugs or alcohol involved in the crime, and that Kotula had no prior incidents of reckless driving. Akhtar did say that his decision to drive that day, after suffering blackouts weeks before the incident, and being told not to drive by a doctor the weekend before, was reckless. 

“This was a crime of stupidity,” said Akhtar, and he admonished Kotula for the permanent loss he had inflicted on the Avila family.

As well, in the victim impact statements, the Avila’s daughter described the void from her parents loss and how her children will never see their grandparents again. As well, the other victims who were injured and witnesses to the accident detailed how they experienced trauma.

Kotula is not a permanent resident in Canada.

“His conviction could affect his status, and may impact his residency in Canada,” said Akhtar.

Kotula’s lawyer Marchand concurred that the conviction and sentence would likely affect his status in the country. 

Kotula did not react to the judge’s verdict, but Marchand spoke on his behalf. 

“He’s deeply remorseful, and like all of us, if he could undo any mistakes that he had made, I believe he would,” said Marchand after the verdict. “Mr. Kotula is a stoic individual. He has great remorse for the family. He’s also himself suffered as a result of this, not just being being incarcerated, but also being away from his newborn child . It’s been a tragedy and difficult for all the parties involved.”

Kotula has been in custody since the incident, for the past three and half years, which counts as almost 5 years of time served, so will now serve 533 more days to complete the 6.5 year sentence.

The stretch of Parkside Drive has been a concern for local residents due to speeding drivers. A speed camera placed there to help control traffic has been taken down by vandals numerous times.