Day three of a trial for a Windsor man accused of killing two people and seriously hurting three others in a crash near Chatham saw him taking the stand in his own defence.
On Friday, 30-year-old Brett Iler told the Chatham-Kent Provincial Offences Court in Blenheim that he doesn't remember much of the crash. He said he has gaps in memory and believes he lost consciousness during the collision on May 27, 2022 at Queen's Line and Dillon Road.
Iler says he yawned and had his eyes closed briefly just as the crash happened, then his body jolted, he saw flying debris, and his memory failed.
He does recall calling 911, the Chatham hospital where he has worked since 2018, and his girlfriend later on.
During cross-examination, Iler disagreed with the Crown that he was late for his 7 p.m. nursing nightshift at the hospital and that he was trying to pass the car in front of him to get to work on time.
He also disagreed with the prosecution about being frustrated over a slower vehicle ahead of him and not being able to pass it.
Iler agreed that the crash happened at 6:55 p.m., 10 minutes away from the hospital in Chatham.
He added that he usually drives on cruise control at 98-100 km/hr on that stretch of road, which has a speed limit of 90 km/hr.
The court heard Iler admit that he was still groggy from just having woken up for work, but wasn't half asleep, adding that he had slept for eight hours.
The accused disagreed that the yawn was a cover-up for him not paying attention to the road and causing the fatal crash.
Iler said he has no recollection of the crash and can't say whether he caused it or someone else did.
He also disagreed that his braking and evasive right turn only happened after the impact.
Iler agreed with expert witness, Chatham-Kent police sergeant and collision reconstructionist Jason Herder, for the most part, but didn't elaborate.
Herder told the court on Friday, during his cross-examination, that the evidence showed the brakes on Iler's 2013 Ford Escape were engaged just before the crash.
Herder agreed with the defence that the evidence tells how the crash happened, but not why.
Iler noted he refused medical attention the day of the crash, but said a few days later he went to the hospital in Windsor. At that time, he was diagnosed with post-traumatic stress disorder and a concussion and was admitted to the hospital.
Closing submissions will take place on October 17.