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

Police continue to investigate a break-and-enter in this Sidney jewelry store in the 2500-block of Beacon Avenue. (Wolf Depner/News Staff)
Thieves hit Sidney jewelry store

Sidney/North Saanich RCMP says incident is not part of a larger trend

A rare Short-eared owl was found dead in a Saanich backyard on Oct. 26 and will be sent for a necropsy to find out if it had ingested rat poison. (Photo courtesy Kimberly Adamec)
Rare owl found dead in Saanich yard to be sent for necropsy

Short-eared owl ‘vulnerable’ in B.C., owl advocate says

This house in the 600-block of Linden Avenue in Fairfield has a Día de Muertos theme for 2020. (Travis Paterson/News Staff)
PHOTOS: Haunted Oak Bay

Residents spookify houses

Norm Scott, president of Royal Canadian Legion Branch #91, said plans for a new building will ensure long-term sustainability. (Black Press Media file photo)
Plans for new Legion in Langford include low-cost housing for seniors

Project could be before council in early 2021

Shawn Magnus of Sidney Courier has partnered with Sidney Business Improvement Area Society for free commercial delivery for society members. (Wolf Depner/News Staff)
Sidney business association partners with courier for free commercial delivery

Service started Oct. 26 and extends to a radius of 35 kilometres

Provincial health officer Dr. Bonnie Henry arrives for briefing on the COVID-19 situation, B.C. legislature, Oct. 26, 2020 (B.C. government)
B.C. records 217 more COVID-19 cases, mask use urged

Infection spike continues, 21 senior facilities affected

An elderly woman wearing a face mask to curb the spread of COVID-19 walks past an advertisement for a television series in Vancouver, B.C., Sunday, Aug. 30, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. has been under a COVID-19 state of emergency for more than half the year

Province has been under a state of emergency for 32 weeks – and counting

Los Angeles Dodgers celebrate after defeating the Tampa Bay Rays 3-1 to win the baseball World Series in Game 6 Tuesday, Oct. 27, 2020, in Arlington, Texas. (AP Photo/David J. Phillip)
L.A. Dodgers beat Rays 3-1 to win 1st World Series title since 1988

National League champs claim crown in six games

Seven-year-old Aaliyah Rosa was found dead in an apartment in Langley in July. (Langley Advance Times files)
Child’s body cold, no pulse: Off-duty cop testifies in Langley mother’s murder trial

The seven-year-old girl’s mother faces a first-degree murder charge

A picture of John taken at Children’s Hospital Vancouver last week. Photo courtesy, Alicia Sewid.
RCMP investigating after young boy run over by SUV in Campbell River parking lot

The seven-year-old has multiple injuries including a broken pelvis and was admitted to Children’s Hospital in Vancouver

People march during a climate strike in Montreal, Friday, Sept. 27, 2019. THE CANADIAN PRESS/Graham Hughes
Judge rejects 15 youths’ climate change lawsuit against Canadian government

Justice Michael Manson has granted the government’s motion to strike the plaintiffs’ claim

A video message from Mrime Minister Justin Trudeau was streamed to attendees at the State of the Island Economic Summit on Tuesday morning. (Vancouver Island Economic Alliance image)
Prime minister greets Vancouver Island economic summit attendees

Vancouver Island Economic Alliance conference being held virtually this week

A woman walks through check in at WestJet at Pearson International airport during the COVID-19 pandemic in Toronto on Wednesday, Oct. 14, 2020. THE CANADIAN PRESS/Nathan Denette
Strong support for pre-flight COVID testing ahead of upcoming WestJet trial: YVR

Airport is partnering with UBC, which is helping choose the method of pre-flight testing

Most Read