Death was 'road rage gone horrible,' Brampton court told
Nov 12, 2008 12:48 PM
Bob Mitchell
Staff Reporter

A Toronto man "took the law into his own hands" and deliberately used his vehicle to kill a young Brampton man, Crown prosecutor John Raftery told jurors today.

"Andrew Harris was justifiably angry - a group of young punks had damaged his new car - and he meted out his own punishment," Raftery said in his closing address to jurors in a Brampton courtroom.

"It's road rage gone horrible."

Harris, 26, of Toronto has admitted striking Christymayooran Anton-Pious with his Acura in the early hours of Aug. 5, 2006 and then getting it repaired afterwards.

But he has pleaded not guilty to second-degree murder in the death of the 21-year-old man, one of several people in a GMC Envoy who were involved in a chase with the Acura earlier in the night and who threw water bottles at the accused man's car.

Defence lawyer Tom Dungey will deliver his closing address later today.

The 11 men and one woman on the jury are to begin their sequestered deliberations later this afternoon.

Raftery told jurors that Harris's friends in the car - his girlfriend and his best friend - both "lied under oath," when they testified as Crown witnesses that neither saw or heard the 5-foot-6, 138-pound man "bounce" off the Acura.

Raftery said his witnesses also lied when they testified they never discussed anything about the events with each other, either immediately afterwards or in the days following the tragic hit-and-run.

If Harris had "accidentally" hit Anton-Pious and did the right thing such as call 911 and offer assistance, the tragedy could be understood, Raftery said.

But Harris left Anton-Pious dying in the road as he fled the scene after getting "his pound of flesh," he said.

"There should be no question that Harris knew driving into a person at a minimum of 49 km/h and perhaps as fast as 70 km/h - would cause serious bodily harm," Raftery said.

Anton-Pious suffered multiple injuries to his body, including a fractured skull and a lacerated aorta. Jurors heard he was struck from behind.

Jurors know that Anton-Pious and his friends armed themselves with tire irons and approached the Acura after they stopped their GMC Envoy in the southbound lanes of Rutherford Rd. just north of the Orenda Rd.

Seconds later, Harris drove his Acura towards the armed men through the intersection, forcing one of the armed men to jump aside.

But instead of continuing south, he made a U-turn around a traffic island and then drove north back towards Anton-Pious and his friends, now possibly standing in the intersection.

Raftery told jurors that Anton-Pious and his friends acted wrong but that he "didn't deserve to die."

Raftery urged jurors not to believe that Harris, being fearful, accidentally hit Anton-Pious, or that his death occurred during self-defence maneouvers.

"He turned around and drove back towards people whom he would have you believe he was afraid of," Raftery said.

"If he had no intention of striking anybody he would have chosen another route. If it was truly an accident a 911 call would have been made but he didn't care whether he lived or died.

"This was no accident. He made a conscious decision to strike Anton-Pious. Harris hit Anton-Pious with his car and intended to hit him.

"Christy had his back to the Acura when he was struck. He didn't get hit just as he stepped off a traffic island.

"Harris revved his engine...He did not drive at them to scare them...He focussed his efforts to kill or horribly injure this young man."

During the trial, Dungey suggested Harris struck Anton-Pious when he swerved at the intersection to avoid several men from the Envoy, who were armed with metal bars and blocking the northbound road in front of his vehicle.

Raftery, however, told jurors they needed to decide if the victim and his friend were "lined up like bowling pins" across the road or running back towards their GMC for safety.

"Common sense tells you not to stand in the roadway after you just missed getting hit," Raftery said. He suggested they didn't stand in the intersection, shouting "Red Rover Red Rover, calling the Acura over."

Anton-Pious' friends testified as Crown witnesses and admitted they initially lied to police about what happened because they didn't want to get in trouble for throwing bottles at the Acura earlier, shoplifting from gas stations, and threatening to attack the occupants in the Acura with tire irons.

Instead of telling police the truth about what happened, including the events leading to their friend's death, jurors know the men in the Envoy concocted a story about how Anton-Pious was struck by a black car when he got out of their Envoy to pick his wallet off the road.

Jurors know this is the third time that Harris has been tried, with two previous trials ending in mistrials.

At one point during Raftery's closing address, Dungey stood up and asked Madame Justice Francine Van Melle to declare another mistrial after the Crown told jurors "defence evidence" suggested witnesses were lying.

Dungey never called any defence witnesses and urged the court to declare a mistrial, but Justice Van Melle declined and ordered Raftery to apologize to jurors.