Graphic video footage capturing the moment Gabriel del Castillo Mullally was fatally run over by a car two years ago was shown at the trial for the man accused of his murder on Thursday.
On Monday, at the opening day of Ryan Andrews’ first-degree murder trial, defence lawyer Zaire Puil told the jury Andrews admits full responsibility for del Castillo Mullally’s death.
However, Puil said Andrews never intended to kill the 25-year-old former child actor.
“You saw him plead guilty to manslaughter. The Crown rejected that plea and said it was intentional,” Puil told the jury.
“We will show you he did not intend to run over Mr. del Castillo Mullally and he’s not guilty of murder.”
It was Feb. 5, 2023, just before 4 a.m. when police were called to Danforth and Cedarvale avenues for a personal injury collision.
When officers arrived, they found del Castillo Mullally who had been hit by a blue 2012 Subaru Outback that fled the scene. He was rushed to hospital where he was pronounced dead.
Victim, accused captured on camera at same bar
Del Castillo Mullally was a former child actor who appeared in the 2011 movie “Amy George” and the 2013 film “Tati.”
His parents, actor Maria del Mar del Castillo and his father, screenwriter Guy Mullally, have attended court since the start of the trial surrounded by family and friends.
On Thursday, Superior Court Justice Susanne Boucher issued a warning that video the surveillance would be disturbing; after it began playing, del Mar del Castillo and several other observers left the courtroom midway through it.
Several surveillance cameras from area businesses captured the moment of impact after del Castillo Mullally and friends left The Rusty Nail Pub, an after-hours bar.
The group can be seen walking westbound along the north sidewalk of Danforth Avenue. The video shows Andrews driving up onto the sidewalk and del Castillo Mullally’s friend, Jake Hopkins, jumping out of the way.
Andrews can then be seen driving his Subaru over del Castillo Mullally, who tries to move to the left. Both the front and back wheels on the driver’s side ran over the victim before fleeing.
Andrews left the same bar roughly 20 minutes before the deadly collision and was captured on video driving his Subaru between the front and back doors of the Rusty Nail, at times getting out of the vehicle. He appeared to be repeatedly stabbing on the doors with a knife at times.
Eventually, del Castillo Mullally is seen leaving through the back doors of the Rusty Nail and walking to the front where he encounters Andrews on the sidewalk near the stopped Subaru, which is still running.
The two men can be seen interacting. At one point, del Castillo Mullally appears to kick at Andrews. Hopkins is later seen punching Andrews in the face. Andrews walks off.
Later, Andrews can be seen maneuvering the Subaru onto the sidewalk, driving alongside del Castillo Mullally and Hopkins before eventually driving up onto the sidewalk a second time. It’s then Andrews can be seen driving towards the two men and striking del Castillo Mullally.
‘A tragic and unfortunate act’
Puil told jurors Monday they will hear about “a drug and alcohol fueled encounter that led to this.”
She said Andrews, who was drunk and high, will testify about how he was robbed of his cell phone at the Rusty Nail that night.
“Mr. del Castillo Mullally and his friends humiliated and robbed Andrews in the hallway,” Puil explained.
“You will hear Andrews was armed with a knife. He didn’t use the knife because he didn’t want to kill del Castillo Mullally. Del Castillo Mullally kicked at Andrews like a stray dog. Hopkins threw a punch. Andrews will tell you he was angry, embarrassed and humiliated but he didn’t pull out his knife. He will testify in his drunken, high and embarrassed state, he wanted to embarrass Hopkins, in the same way he embarrassed him.”
Puil said Andrews will testify that he was trying to scare Hopkins, whom he yelled at from his car.
“He will tell you he committed a tragic and unfortunate act fueled by alcohol and drugs, but he didn’t mean to kill anyone that night. I expect he will tell you in a state of panic he fled the scene,” she added.
The defence told jurors it will argue that they can find Andrews not guilty of first-degree murder because Andrews was provoked by del Castillo Mullally and Hopkins; or they can find that Andrews did not mean to run over del Castillo Mullally and did not have the intention of murder.
During the Crown’s opening address, assistant Crown attorney Andrew Gibbons countered when Andrews mounted the sidewalk and hit del Castillo Mullally, he did so intentionally and called Andrews’ actions “planned and deliberate.”
The trial continues.