Adam Hosseini, a former Durham College basketball player and Ontario College Athletic Association east division player of the year, has been found guilty of failing to remain at the scene of an accident causing death.
Justice Michael Block read out his judgement in a downtown courtroom Thursday, after a trial over several days last summer and fall.
On May 7, 2023, 58-year-old Darin Acorn was attempting to cross Sheppard Avenue East, just west of Markham Road, when he was struck by a westbound vehicle that fled the scene.
Hosseini, who was 24 at the time of the collision, did not have a license and testified in his own defence at the trial. He told court that he was driving his mother’s red Mazda 3 that night and thought he might have hit a pylon or a pothole because the area was a construction zone.
He also testified said he didn’t notice the damage to the right front of the sedan until later. Hosseini denied that he didn’t stop at the scene because he was unlicensed.
Block called his evidence “contradictory and evasive,” and said he accepted the evidence presented by the crown.
Block found that Acorn was standing up at the moment of impact, based on video from a TTC bus. The judge found that Acorn’s head was visible above the hood of the Mazda.
“A feature of the video is the shocking speed of impact. Immediately upon impact, the video shows a cloud of what appears to be debris flung above the hood. It is clear the Mazda swerved immediately before impact,” Block said, noting that brake lights could also be seen.
“The swerve of the Mazda is powerful evidence of a deliberate attempt by Hosseini to avoid impact,” Block said, adding that brake lights were also evidence of that. “His conduct demonstrated that he was aware of the collision with Mr. Acorn. The charge is made out.”
One witness who was standing about 60 metres away at a nearby gas station filling up his sedan testified he heard a large boom. He ran over and attempted to assist Acorn.
The TTC bus driver, who was travelling behind Hosseini’s Mazda, testified the car was travelling at or near the speed limit. He saw it swerve, hit something, brake momentarily and then resume it’s speed.
Acorn’s older sister, Bev Acorn, flew in from Edmonton so she could be in the courtroom, and said that she feels relieved.
“I also feel very sorry for the other family as well. We’re all humans and I have a heart for the individual and for his family but on behalf of my family, we’re very grateful for the support we’ve received and justice has prevailed,” she said.
Acorn’s former landlord, Joycelyn McLeod, also came to court.
McLeod said police came to her building in Markham on the night Acorn was killed.
“It’s unbelievable. He was very kind. Very understanding,” said McLeod, who helped organize a memorial in his honour after he was killed and she has erected a memorial on the side of Sheppard Ave. E. where the collision happened.
The maximum sentence for failing to remain at the scene of an accident causing death is life in prison. A sentencing hearing has been scheduled for June. Hosseini remains out on bail.