Myla Bui snuggles with her sister Leila. (GoFundMe)

Velocity expert testifies SUV sped up to 90 km/h ahead of crash that left Saanich girl unresponsive

Tenessa Nikirk is charged with dangerous operation of a motor vehicle causing bodily harm

Gasps echoed in court Wednesday as an expert in calculating the velocity of vehicles from video, described how a dark coloured SUV accelerated to more than 90 km/h as it passed another vehicle, approaching the crosswalk where Leila Bui was hit on Dec. 20, 2017.

Tenessa Nikirk of North Saanich is charged with one count of dangerous operation of a motor vehicle causing bodily harm in relation to the Saanich crash that left Bui severely debilitated, with severe brain injuries and multiple internal injuries.

Adam Cybanski told the courts that he calculated the speed of Nikirk’s vehicle by using four dash cam videos provided to him by Saanich police; two from one car that were pointed out the front and the back windows, along with two videos taken from cameras on a bus, which faced out the front and left side.

RELATED: Court hears of motorist’s erratic driving before 11-year-old girl struck in Saanich crosswalk

Cybanski spent 28 years in the Canadian Armed Forces and was put in charge of aircraft accident investigations. From there he developed expertise in analyzing video and determining velocity of air crafts from videos. He has been called to testify in a number of court cases across Canada and in the United States.

A large portion of the morning was spent detailing the method Cybanski uses to calculate the speed of vehicles based on frames taken from a video. Usually videos take 30 frames per second, which was true in the case of the dash-cam video from the car, but not in the case of the footage from the bus’s video which had 30 frames per second but most were duplicates.

He runs a small business focusing on velocity analysis from video and estimates he’s been involved with 50 to 60 investigations. In a previous ruling, a judge noted Cybanski’s methods are not an exact science to which he stated his methods are based on exact science, but could not answer whether they were or were not exact.

Using two software programs to track stationary objects such as telephone poles or yellow centre lines in the video, Cybanski is able to create a model match of the scene. A video shown in court Wednesday, created by Cybanski, showed yellow and green models superimposed that matched the cars and points of reference in the original footage.

According to Cybanski’s findings, the rear facing camera in the vehicle showed the SUV accelerating from 50 km/h to 90 km/h and the forward facing camera showed the SUV accelerating from 95 km/h to 100 km/h. He testified his calculations were accurate within two km/h.

RELATED: Driver charged in Saanich crash that left Lelia Bui in unresponsive state to appear in court

The bus’s dash-cam footage showed the SUV passed the bus at about 80 km/h, which Cybanski testified there was a greater margin of error, closer to 5 km/h, because of the lack of frames per second.

Cybanski was also asked to determine the distance of the SUV when it came to a stop at the far end of the crosswalk on Ash Road. Using the same method he testified he calculated the rear bumper of the SUV was 18 to 20 meters beyond the edge of the crosswalk.

On Monday court heard from a number of witnesses who recounted Nikirk’s erratic driving just before the crash. Leila Bui has been in a non-responsive state since the morning she was struck on her way to school.

Bui’s father Tuan says the family relies on faith and hope, and the belief that their daughter will come back.

“It’s hard to know what’s happening inside her,” he says. “So we just continue to take good care of her, give her love and support and positive energy and whatever it takes to get one step closer.”

With files from Nina Grossman



kendra.crighton@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A bear similar to this black bear is believed responsible for killing a llama in Saanich on Oct. 19. (Black Press Media file photo)
Saanich residents warned to watch livestock after bear kills llama

Officers with Conservation, Saanich police could not track the bear they feel may not fear humans

Local New Democrat Zeb King welcomed Premier John Horgan during a brief photo opportunity in Sidney Monday afternoon (Wolf Depner/News Staff)
NDP leader John Horgan predicts party will ‘flip’ Saanich North and the Islands

Incumbent MLA Adam Olsen calls Horgan’s claim ‘bold’

With local MLA Adam Olsen looking on, BC Greens leader Sonia Furstenau said a Green government would convert BC Ferries into a Crown corporation Wolf Depner/News Staff)
Green leader Sonia Furstenau promises to convert BC Ferries back into Crown corporation

Promise comes Monday afternoon with five days left in campaign

London Drugs at Colwood Corners is temporarily closed after a water main burst on Sunday afternoon. (Google Maps)
Water main burst temporarily closes London Drugs in Colwood

Staff say re-opening date yet to be determined after Sunday incident

West Shore RCMP say a single car crash into a power pole caused a power outage that affected over 1,500 residents in Colwood on Monday morning. (West Shore RCMP)
Vancouver driver cause of power outage in Colwood

Police detain 27-year-old man for impaired driving investigation

Advance polls are open from Oct. 15 to 21 with election day on Oct. 24. (Black Press Media file photo)
A passer-by walks past a COVID-19 testing clinic in Montreal, Friday, Oct. 16, 2020. THE CANADIAN PRESS/Ryan Remiorz
Canada ‘yet to see’ deaths due to recent COVID surge as cases hit 200,000

Much of the increase in case numbers can be attributed to Ontario and Quebec

Police confirm human remains were found in a recycling bin in Vancouver on Oct. 18, 2020. (Black Press Media file photo)
Human remains found in recycling bin floating near Vancouver beach

Police asking nearby residents to see if their recycling bin has gone missing

(File photo)
RCMP: Two men face charges in reported Parksville fatal hit-and-run

Investigation into man’s death began in August of 2019

B.C. Liberal leader Andrew Wilkinson visits a North Vancouver daycare to announce his party’s election promises for child care, Oct. 9, 2020. (B.C. Liberal Party video)
B.C. parties pitch costly child care programs in pandemic

B.C. Liberals say they’ll deliver on NDP’s $10-a-day promise for lower-income families

Steven Michael Bacon pleaded not guilty to a charge of first-degree murder of Nanaimo teen Makayla Chang. (Photos submitted)
Accused pleads not guilty in Nanaimo teen’s 2017 murder

Steven Bacon appeared in Nanaimo court Monday via video link from Thunder Bay

Voting station at Tzeachten Hall in the riding of Chilliwack-Kent on the first day of advance voting in the provincial election on Oct. 15, 2020. (Paul Henderson/ Chilliwack Progress)
B.C. VOTES 2020: 380,000 British Columbians head to polls in first 4 days of advance voting

Some of highest voter turnout so far has been seen on Vancouver Island and in Shuswap

Grant and Barbara Howse, in quarantine in Invermere. Mike Turner photo
Denied entry into U.S., Kootenay couple still forced to quarantine for 2 weeks

The rules around crossing the U.S. border led to a bizarre situation for an Invermere couple

Most Read