'I remember yawning': Windsor man testifies in careless driving trial

A Windsor man testified in his careless driving trial in a Chatham-Kent courtroom on Friday.

Brett Iler testified that he yawned moments before a double fatal collision happened during the 2022 Retrofest Classic Car Cruise.

Iler has pleaded not guilty to two counts of careless driving causing death, three counts of careless driving causing bodily harm, and one charge of careless driving under the Highway Traffic Act.

Iler took the stand on day three of a four-day trial at the Provincial Offences Courthouse in Blenheim.

Court heard Iler was travelling from Windsor to the Chatham-Kent Health Alliance, where he works as a nurse when the collision occurred. Iler testified he was working a night shift starting at 7 p.m. The crash happened at 6:55 p.m.

“I remember starting to turn my vehicle to the right and at that same basic time, I remember yawning,” Iler testified, adding his eyes briefly closed.

“The next thing I remember is my body being jolted, seeing some sort of particulate matter in my vision and then further feeling of the thrashing of my body.”

The collision happened on May 27, 2022, along Queen’s Line near Chatham. Earlier this week, the court learned Nigel Sedge and Jaimee Doyle were killed in the collision and three others were seriously injured.

Iler testified he can only remember “bits and pieces” of the moments before and after the crash.

“I sort of came to the realization my driver’s side, side of the car, is up in the air, and my passenger side is down on the ground.”

Court heard Iler, at the time 27 years old, denied medical treatment. He said less than a week later, he attended the Windsor Regional Hospital, where he was diagnosed with a concussion.

Iler said before the crash he was shifting closer to the center lane in an attempt to pass the car in front of him. However, Iler said he noticed the procession of cars and decided he could not pass.

On Thursday, accident reconstructionist Const. Jason Herder testified Iler’s 2013 Ford Escape veered 1.02 metres into the westbound lane.

During cross-examination, Crown lawyer Ryan Iaquinta questioned how the yawn factored into the collision.

“I’m going to suggest it wasn’t a yawn, you were attempting to pass,” Iaquinta stated.

Iler denied the suggestion, stating there was no room to pass.

The lawyer then suggested Iler was running late for work. Iaquinta noted the crash happened five minutes before the start of Iler’s shift, but Iler remained about 10 minutes away from his workplace.

“I’m going to suggest by Dillon Line you had had enough of doing under 100 km/h, and you tried to pass, and unfortunately that Chevy was there,” Iaquinta said.

Due to the curvature in the road, Iler stated he “would never have passed on a solid yellow, especially when there’s a procession of cars with no break in it.”

Iaquinta suggested Iler was not being truthful about the moments before the crash.

“You’re just saying it’s a yawn because you know it sounds better than you not paying attention to the road, is that correct?” Iaquinta asked.

“No, “ Iler responded.

The trial will resume on Oct. 17 for both the Crown and defence to make submissions.

- With files from CTV’s Michelle Maluske.