Man accused of gas-and-dash murder says he didn’t see attendant

By News Staff and Marianne Boucher

A 44-year-old man accused of killing an attendant during a gas-and-dash theft in midtown Toronto says he didn’t intend to commit murder.

Max Tutiven took the stand on Tuesday during his trial for second-degree murder in the death of Jayesh Prajapati, 44, on Sept. 15, 2012.

When the trial began last week, Crown attorney Jenny Rodopoulos told the jury Tutiven pulled into a Shell gas station in a silver SUV while Prajapati was working. Tutiven then allegedly filled the vehicle’s tank and two red containers with $112.50 worth of gas.

When Tutiven tried to leave the station without paying, Prajapati ran out in front of the SUV to stop him, waving his arms in a bright orange shirt, Rodopoulos said.

She alleges Tutiven deliberately drove into Prajapati, dragged him until he became dislodged and proceeded to drive over him. The accused then allegedly continued driving down Roselawn Avenue, leaving Prajapati to die.

On Tuesday, Tutiven admitted he killed Prajapati, but said he didn’t intend to. Tutiven said he had to manoeuvre around the car in front of him to leave and didn’t see Prajapati run in front of his car.

“I didn’t see him,” he told the court. “I was dragging something I believed to be a pylon at the time.”

Tutiven also admitted to being a lifelong fraudster and said he has been stealing gas three or four times a week since he was 16. He claims he has never been arrested for gas theft and has never had an attendant run after him before Prajapati.

He has 40 prior convictions, but said he has stopped driving and stealing gas since Prajapati’s death.

Tutiven escaped capture for three years while living in Montreal.

“I wasn’t hiding per se,” he said. “I was just waiting for the inevitable, to be arrested.”

The Crown also entered as evidence security videos from six previous gas-and-dash incidents in Toronto between November 2011 and August 2012.

The footage shows a man pumping gas and driving away in a silver Isuzu Rodeo at Esso and Shell stations.

Tutiven admitted he’s the man in the videos.

Outside the University Avenue courthouse, Prajapati’s widow Vaishali Prajapati told reporters her husband was just doing his job. If you use something, you pay for it, she said.

The Prajapatis’ son is in high school.


Related stories:

Trial begins for 2012 ‘gas-and-dash’ murder

Suspect arrested in Toronto gas attendant killing


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