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Man found guilty of second-degree murder in September 2012 ‘gas-and-dash’ collision

Max Tutiven was found guilty of second-degree murder in connection with the September 2012 fatal collision.
Max Tutiven was found guilty of second-degree murder in connection with the September 2012 fatal collision. THE CANADIAN PRESS/HO-Toronto Police Service

A Toronto man has been found guilty of second-degree murder in the September 2012 death of a gas station attendant.

Max Tutiven, 44, who plead not guilty in the death of Jayesh Prajapati, told the jury he killed the victim but never intended to do so.

Prajapati, who had been working at the Toronto Shell gas station the night of Sept. 15, 2012, was killed when he tried to stop a customer from driving away from the station, located at the corner of Roselawn and Marlee avenues, without paying his $112.85 bill.

Tutiven testified that after pumping his gas, a black car came out of nowhere and parked in front of him and blocked his vehicle, which forced him to reverse in order to exit the gas station.

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READ MORE: Suspect in fatal 2012 gas and dash collision testifies he unintentionally killed attendant

He said he was then about to turn onto Roselawn Avenue when he heard what he thought was a pylon under his SUV.

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Prajapati was dragged 78 metres by Tutiven’s Isuzu Rodeo. The 44-year-old father and husband was pronounced dead at the scene.

Tutiven was arrested by police in September 2015 in Montreal, after Toronto police put out a $25,000 reward for his capture.

Tutiven told the jury he had been committing gas thefts since he was 16 years old. He estimated he had done it 500 to 800 times in his life.

READ MORE: Police offer $25,000 reward in fatal 2012 ‘gas-and-dash’ theft

The jury deliberated for five-and-a-half hours before delivering their verdict.

The trial lasted five weeks overall.

Victim impact statements and sentencing for Tutiven is set for Nov. 1

— With a file from David Shum

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