Ertug Direk, a 44-year-old repeat offender with 53 prior convictions, has been sentenced to four-and-a-half years in prison after pleading guilty to dangerous driving causing death and failing to remain at the scene of an accident causing death.
It was 3:15 a.m. on April 14, 2022, when Direk, who was driving a Mercedes AMG convertible southbound on Spadina Avenue, fatally struck Erin Yoxall as she attempted to cross Spadina Avenue about 50 metres south of the intersection at King Street.
According to the agreed statement of facts, Direk was driving 129 km/hr in a 40 km/hr zone just prior to the crash. The road conditions were wet at the time.
Direk struck Yoxall with the passenger side of his Mercedes as she attempted to cross from the west side of Spadina to the east, throwing her over the roof of the car. Yoxall struck her head on the pavement as she landed on the road.
Court heard that, after the collision, Direk continued driving southbound before turning right on Wellington Street then right on Dufferin Street.
Video surveillance captured the Mercedes entering the underground parkade at 295 Dufferin Ave., where Direk exited the vehicle and surveyed the damage on the passenger side before exiting the garage via the elevator.
A short time later, Direk was seen returning to the garage on the elevator and driving off in a different Mercedes.
Yoxall, who had come from Scotland and was working in Toronto after completing a master’s degree, succumbed to her injuries on April 16, 2022. At a sentencing hearing this past April, Yoxall’s mother, Roseanne, said investigators had called after the accident, telling them that Yoxall had suffered a catastrophic brain injury and that there was zero chance she would survive. Yoxall’s parents flew to Toronto from Edinburgh and made arrangements to donate her organs, which was their daughter’s wish.
Following the crash, detectives released images of the suspect vehicle and driver captured on video surveillance. On April 18, the Mercedes involved in the collision was located. Direk surrendered to police the following day.
At the sentencing hearing, the Crown and defence agreed on the sentence of four-and-a-half years in prison for Direk but disagreed on credit for pretrial custody. John Collins, Direk’s defence lawyer, argued that along with 1.5 days credit for every day of pre-sentence custody, Direk should be given enhanced credit for the time spent in full or partial lockdown at the Toronto South Detention Centre, where he was detained before his trial. The Crown opposed enhanced credit for lockdown time.
The amount of credit decided for a defendant decides the number of days they will have removed from their overall sentence for various factors.
Superior Court Justice Susan Himel decided that Direk suffered from distress and tension as a result of tough conditions during his incarceration and said “the message must be sent that inmates awaiting trial should not be punished with harsh conditions.”
Court heard that during lockdown days, Direk had no access to showers, common areas, the outdoor yard, and had no visits from lawyers and his family. He also suffers from diabetes, asthma, orthopaedic issues due to a bulging disc, a hernia and sleep apnea.
The court heard that Direk was re-arrested on Oct. 22, 2023, while on bail under strict conditions, awaiting trial. He brought a CPAP machine with him to jail at the time of his arrest to help with his sleep apnea.
The defence argued Direk requested a bottom bunk in jail so he could plug in the sleep machine but was denied a bottom bunk and had to sleep with a mattress on the floor. The defence said Direk was also deprived of the machine for a number of days after he arrived in jail, which made him sick, resulting in his admission to the North York General Hospital.
Himel found that the Toronto South Detention Centre has been responsive to Direk’s medical needs with the exception of issues surrounding his CPAP machine.
On top of the 1.5-day credit for every day served in pre-sentence custody, Himel also awarded Direk a half-day credit for 144 days of lockdown, for a total of 72 days.
She also gave Direk 30 days credit for the stringent conditions during his release while out on bail. Direk was required to wear an electronic monitoring bracelet during the eight months he was on house arrest.
In the end, Direk has 703 days remaining to serve in prison after accounting for his credits. The judge also gave him a 12-year driving prohibition, saying Direk abused his privilege to operate a motor vehicle.
Court heard that this conviction represents Direk’s third for dangerous driving. Himel said Direk’s horrendous driving record shows a complete disrespect for the law.
“As a result of his driving, he caused the death of Erin Yoxall, an accomplished professional,” Himel said. She added his moral blameworthiness is high given he did not check on the condition of the pedestrian he hit before leaving the scene.
Roseanne Yoxall, who travelled back to Canada to hear the judge deliver her sentence, sat quietly surrounded by friends of her daughter and cried at times.
She said Erin would have been celebrating her 32nd birthday today.
She fears that Direk will reoffend once he’s out on the streets in less than two years time.