

Kayla Goodfield, CP24.com





A man convicted in connection with a 2012 "gas-and-dash" incident that left a gas station attendant dead has been sentenced to life in prison with no chance of parole for 16 years.

Jayesh Prajapati, 44, was killed in September 2012 after he was struck by an SUV whose driver was trying to flee a Shell gas station without paying a $112 gas bill. The gas station was located at Marlee and Roselawn avenues.

Max Tutiven, 44, pleaded not guilty to second-degree murder but was found guilty by a jury on Oct. 10.

Prajapati was dragged by the vehicle for more than 70 metres while witnesses yelled at the driver to stop.

In October, Tutiven admitted that his vehicle was responsible for the death of Prajapati, but claimed he did not see the attendant jump in front of his vehicle. Tutiven said he believed he was dragging a pylon at the time.

Speaking after the sentencing hearing, Tutiven’s lawyer Edward Sapiano told reporters that his client “always admitted” to the fatal incident.

“He did not intend to hit this man,” he said. “He always accepted responsibility – no intent to commit murder.”

Sapiano added that Tutiven “never claimed to be an angel.”

“He claims he was a criminal and criminals don’t surrender themselves to police,” he said. “Always had some concern for the family as he was not glad about what happened.”

“He told me just a few moments ago that all those people who think that he is a demon should make a contribution to the family of the deceased or their opinions are not worth much – which is a pretty interesting observation for someone who has just been sentenced to life with no chance of parole for 16 years.”

Outside of the courtroom after the hearing, Prajapati’s wife Vaishali Prajapati told reporters through a translator that she agreed with the judge’s decision on Wednesday.

“What happened to my husband was very, very bad and I don’t wish this happens to anyone else,” she said.

Tutiven was arrested in connection with the incident three years after it took place.

He was taken into custody in Montreal on Sept. 17, 2016, 48 hours after police announced a $25,000 reward for information leading to his arrest.

At the time, police said he was arrested without incident after receiving a tip from a Montreal resident regarding his whereabouts.

Tutiven was then taken from Montreal back to Toronto.

On Wednesday, Tutiven was sentenced in a Toronto courtroom. Sapiano said his client plans to appeal the verdict and the sentence he received.

MPP Mike Colle spoke to reporters outside court Thursday about the private member’s bill he introduced back in 2012 regarding the issue of “gas-and-dash” incidents.

Colle said the bill is not in the process it should be in but is hoping to bring it back again following this sentencing.

“The courts have finally taken this ‘gas-and-dash’ very seriously,” Colle said. “I think it’s the stiffest sentence that’s ever been handed out, although it was a tragic circumstance. The message has gone out that this is not just a traffic incident. This is – in this case – a second-degree murder, so that will help.”

“You’re risking the life of an innocent worker and also the police officers who have to chase these people down as they are also risking their lives.”

The bill would see increased fines involved in “gas-and-dash” incidents and would also suspend the driver’s licences of convicted gas thieves.