A Chinese international student has been convicted of dangerous and impaired driving causing the death of York Regional Police Const. Travis Gillespie as he headed into work three years ago.
“I refer to the impact involving Mr. (Haoju) Zhou and Mr. Gillespie as a collision. It was not an accident,” wrote Superior Court Justice Mark Edwards in his ruling.
“Mr. Zhou made several choices prior to the collision. He chose to drive when he knew, or he ought to have known, that he was tired. Some of the first words out of his mouth to the bystanders after the collision reflects the knowledge that Mr. Zhou had that he was tired.
“Mr. Zhou chose to drive not only when he was tired. He also chose to drive while he was under the influence of alcohol. He knew that his driver’s license had a restriction that precluded him from driving with any alcohol in his body.”
Driving his dad’s Porsche Cayenne
It was Sept. 14, 2022, just before 6 a.m., and Haoju Zhou, 23, was driving his father’s Porsche Cayenne in the eastbound curb lane of Major Mackenzie Dr. near Warden Ave. when he suddenly crossed the centre line into the westbound lanes, slamming into the Honda Accord driven by the 38-year-old officer and sending his vehicle spinning into the path of a dump truck.
Gillespie, 38, had joined YRP just three years earlier after being an 11-year career with GO Transit where he was a sergeant. Remembered for his “heart of gold,” he was passionate about martial arts, and loved skateboarding and snowboarding.
Zhou’s blood alcohol reading just over two hours following the deadly crash was 80 mg in 100 ml of blood. Crown attorneys David Parke and Sean Doyle argued his BAC would have been even higher when he crashed into Gillespie’s car, perhaps as high as 120, making him guilty of being over 80 within two hours of driving.
Defence lawyer Paul Aubin maintained Zhou, a York University economics student with a G2 licence,showed no classic signs of intoxication after the crash and he’d simply fallen asleep at the wheel.He suggested Zhou’s BAC was as low as 66 mg at the time of the collision and he wasn’t impaired.
Edwards said both the expert for the Crown and defence agreed a driver can be impaired and not show any overt signs — but differed on the BAC level where impairment begins. The judge found that wasn’t necessary to determine. “In this case the evidence is circumstantial, but it is in my view overwhelming that Mr. Zhou’s ability to drive was impaired by alcohol,” he concluded.
“He crossed two lanes of traffic into the westbound lanes. He told first responders, the police and civilian witnesses that he was tired and fell asleep. He had consumed alcohol as evidenced in the various BAC tests referenced in the evidence. The expert evidence confirms that alcohol can cause drowsiness and will exacerbate reduced consciousness resulting in a person feeling more tired and or sleepy.”
Despite a Crown request, the Chinese national remains free on $510,000 bail. A sentencing hearing is scheduled for January — court has heard typical sentences in Ontario range from four to six years.
