A drug driver who was travelling at more than double the speed limit when he hit and killed a 16-year-old cyclist in a collision has been jailed for eight years and banned from driving for 15 years.
Ryan Elsender was driving through a Newcastle 30mph zone at speeds in excess of 70mph immediately before the collision. Northumbria Police's investigation found that the "incredibly reckless" driver had cocaine and cannabis in his system at the time of the collision.
The 29-year-old was speeding on Walker Road on September 27 last year, the drug driver causing 16-year-old Jayden McGuinness serious injuries when he struck the cyclist.
Emergency services attended the scene and rushed Jayden to hospital for treatment but he died two days later on September 29. Elsender initially fled the scene but returned "shortly afterwards" and contacted the police.
Northumbria Police's Serious Collision Investigation Unit (SCIU) investigated the scene and Elsender was arrested, charged with causing death by dangerous driving and a further charge of dangerous driving.
The investigation discovered the driver's speeding, officers determining that the 29-year-old had been travelling in excess of 70mph through a 30mph zone immediately before the collision.
> Half of UK police forces catch motorists doing 90mph on 30mph roads, while 90 per cent have clocked people driving at 60mph on them
An analysis of the dangerous driver's blood revealed that he was over the prescribed limit for cannabis and also had a quantity of cocaine in his system at the time of the collision.
He pleaded guilty to both charges at Newcastle Crown Court and was remanded in custody, on Friday returning to the same court to be sentenced to eight years in prison, the judge also banning him from driving for 15 years and six months.
As part of a victim personal statement read to the court, Jayden's grandfather, Brian White, said: "Jayden was just lush. He had a heart of gold and he was always thinking of how to be a loving and fun brother and cousin.
"I have to pass the place where this happened every day and it is a constant reminder of the way we lost Jayden in our lives. The total disregard for Jayden's life is unforgivable and should never have happened."
Sergeant John Sanderson, of the SCIU, said: "Firstly, we would like to pay tribute to Jayden's family and loved ones for the strength they have shown. The last five months have been incredibly difficult for them and we hope now that the court case has concluded they will be able to take some closure knowing that the person responsible for the death of Jayden has been brought to justice.
"Of course, any death on our roads is a tragedy but it is even more poignant when it involves somebody who was so young and had their whole life ahead of them. Ryan Elsender's actions on September 27 last year were incredibly reckless and have resulted in a teenager tragically losing his life.
"My message is, as a driver of any vehicle, if you use drugs, drive dangerously and your actions result in someone's death, then expect to be prosecuted and go to prison."
Add new comment
14 comments
I read a report last week which said that in most police force areas, drivers had exceeded 100mph in 30mph zones, so the problem of illegal, extremely dangerous speeds is widespread. How do we make it socially unacceptable?
I'd hope that very few people would think driving at double the speed limit was acceptable. There's some research around on attitudes to speeding, including this:
I saw the following data for a local to me Speed Indicator Device (roadside sign that lights up to show vehicle speed) in a 30mph zone:
Speed Number of Vehicles
35-39 1743
40-44 172
45-49 24
50+ 2
The council have written to the police asking them to enforce the law, the police have replied saying they don't have the resources for that...
That being the case the council can redesign the roads to slow cars down. Unfortunately, I think, that many highways departments still think in terms of efficient throughput. If drivers, however, can't stick to speed limits this approach must change.
I believe some of the key metrics are written in these terms. So it may be that very little that's effective can be done in terms of safety or provision for active travel without changing those. The recommendation will come back "not value for money, do not proceed" as scores for "reduces journey times" (for motor traffic) or "maintains or increases capacity" (for motor traffic) will be negative!
(I'd argue at some point we will need to make a clear positive choice. In this - the "but my rights to drive" doomsters are correct - if we want more active travel, better public transport, nicer places, better health etc. we absolutely do need to deliberately reduce capacity and convenience for driving.)
The road in question does have some mild traffic calming. I dread to think what the speeding figures would look like if it didn't have that.
Traffic calming that makes it more dangerous for cyclists.
Once again, why a "fifteen year driving ban"? Why do these people get their licences back at all following such obvious and reckless disregard for the safety of other road users?
Which is why I advocate, when we have things like this committing such heinous crimes as the repurcusiions are currently not enough to make them think twice, that they should face the possibility of losing their libido and taste buds.
RIP Jayden.
Is it just imagination, or a coincidental run of positive outcomes, or do the courts seem to be taking road violence against cycists more seriously of late?
Perhaps I'm being overly cynical, but I wonder if the age of the victim was a factor in the sentencing - seen as 'a kid on a bike' rather than 'a cyclist'.
I'm tending to being more cynical as most of these cases have the driver being over the limit with drugs and booze. Part of me feels that if these were not a factor then the sentencing would be lighter.
While custodial sentences for me are not so much of an issue except in serious incidents. I would like to see the maximum driving bans being issued more regularly and a lifetime ban for collisions resulting in death. Also would like to see the extenuating circumstances being scrapped.
But with funding to actually make getting caught a remote possibility, and some serious sanctions if you do. (...but ultimately probably needs a generation or so of campaigns promoting the idea that friends don't let friends drive without a licence / while banned - which may not have the obvious benefit that "don't let them drive drunk" has).
From the article.
Looks like a hit and run as well depending on how soon "shortly afterwards" was. If it was it should be a lifetime ban.
Given he got the minimum for culpability/harm I don't see it that way.