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Trial begins for driver accused of speeding, killing pedestrian in downtown Toronto

Click to play video: 'Man accused of dangerous driving into crowd of pedestrians in Toronto on Boxing Day 2021 now on trial'
Man accused of dangerous driving into crowd of pedestrians in Toronto on Boxing Day 2021 now on trial
WATCH: As Catherine McDonald reports, the Boxing Day 2021 incident happened at Yonge and Richmond streets, where people were waiting to cross the street – Oct 23, 2023

The trial for a Toronto man accused of dangerous driving causing the death of an 18-year-old University of Guelph student has begun in a downtown courtroom.

Demar Kerr, who was arrested after a crash on Boxing Day 2021 is also charged with dangerous driving causing bodily harm in relation to five other pedestrians who were standing at the corner of Yonge and Richmond Streets.

Kerr wept as the jury was shown video Monday, capturing a speeding car entering the frame of video and up onto the sidewalk on the southwest corner of Yonge and Richmond. The video shows 13 unsuspecting pedestrians standing waiting for the traffic lights to change, so they could cross the street.

The mother of the 18-year-old man who died cried and walked out of the courtroom when the graphic video was shown. The young student’s identity is covered by a publication ban

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The court has heard the teenager’s younger brother and father were also seriously injured.

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In her opening address last week, assistant Crown attorney Marnie Goldenberg told the jury that it was 2 p.m. on Dec. 26, 2021, when Kerr, then 22, was driving a Kia westbound on Richmond Street in the middle lane.

He moved into the left lane and began accelerating at a high rate of speed towards the intersection of Yonge and Richmond streets, passing slower vehicles beside him, the Crown said.

As Kerr entered the intersection, a Hyundai that was also travelling westbound attempted to make an improper lane change and left turn onto Yonge Street from the middle lane. Kerr struck that vehicle, launching the Kia into the air before landing on its side.

It then continued to slide off the roadway, onto the sidewalk and into the crowd of pedestrians. The video shown to the jury captured Kerr crawling out through the passenger side of the vehicle, and down onto the pavement where several people lay on the pavement injured.

The Crown argues that had Kerr not been speeding, he could have avoided the collision.

The 18-year-old University of Guelph student later died of his injuries, while his younger brother and father survived.

A collision reconstructionist who analyzed the collision scene and black box data from the Kia testified Kerr accelerated from 36 km/h to 79 km/h four seconds prior to the collision and during that period, he pressed the gas pedal almost all the way down, to 99 per cent. The posted speed limit along Richmond Street was 40 km/h.

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Demar Kerr has pleaded not guilty and the trial continues.

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