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Statue of Justice, Old Bailey (licensed CC BY 2.0 on Flickr by Ronnie Macdonald).jpgUpdated: Jail for driver who had been drinking at illegal lockdown party and left teen cyclist to die
A hit-and-run driver who had been drinking at an illegal party during the first national lockdown last April and left a teenage cyclist to die after a hit-and-run crash has been jailed for 5 years 11 months.
Appearing at Derby Crown Court, Milan Gugyel admitted causing the death by dangerous driving of 15 year old Adam Barry from Sandiacre on Saturday 25 April 2020, reports Nottinghamshire Live.
Sentencing him today, Judge Robert Egbuna said: “Instead of stopping and helping or at least calling the emergency services, your only thought was to save yourself.
“You left the scene and drove to your home and went to bed in the knowledge there had been a serious accident.
“The impact of the accident did not kill Adam immediately. If you had stopped at the scene it is likely the paramedics would have arrived in minutes.
“Your failure to stop resulted in delay of treatment to Adam in the region of 20 minutes.
“While it is not possible to say whether Adam would have survived, you left Adam's parents wondering if he would have been saved if you had stopped.”
Despite lockdown restrictions in force at the time, the 34 year old went to what was described as a “mini street party” on the afternoon of the fatal crash, where witnesses said he drank “several beers” as well as what appeared to be whisky from a tumbler.
He phoned his landlord at 7.15pm to and told him he was drunk, said Laura Pitman, prosecuting.
Driving home in his partner’s Audi A2, he hit Adam, who was riding a BMX bike, from behind and fled the scene of the crash, which happened between Borrowash and Risley.
Ms Pitman said that mobile phone records indicated that Gugyel, who works as an HGV driver, had called a friend while he was driving home, the call lasting four minutes.
“It is inconceivable the defendant was not aware he had collided with a bike and there had been a person on the bike,” she said. “But we know that sadly he did not stop and instead he continued to drive home.
“CCTV showed him getting out and inspecting his vehicle.
“The Crown say the reason he left, not even calling for medical assistance was that he was concerned he was over the legal limit and he knew he was on his phone. We also say he knew of the consequences of the offence.
“He knew it would lead to a disqualification and he would lose his employment as an HGV driver.”
Police attended the scene and discovered debris from an Audi A2. They checked addresses that evening of registered keepers of such vehicles in the area, including the one that the car Gugyel had been driving was registered to, but he had recently moved home, which Ms Pitman says is why he was not breathalysed.
“He could have called for the emergency services but he did not,” she continued.
“Not that evening, not the next morning. Adam was discovered by a passer-by, a driver, who flagged down another driver and said ‘there’s something or someone at the roadside’.
“In fact the emergency service didn't arrive until 9.30pm.
“His mobile phone was ringing and it was picked up by a passer-by.
“Adam's parents, knowing how long he would normally have been out had used his iPhone tracker and realised the phone had not moved for some time.
“The phone call was from his mother, Beverley.
“They told her what had happened to her son.”
Adam’s father said in a victim impact statement read out to the court: “The circumstances of his death are hard to process and we are in a constant state of disbelief and anger.
“Every morning we wake up with the reality he has gone.
“In April 2020, the country was in lockdown, none of us were able to leave the house, the roads were empty and an HGV driver got into a car, a lethal weapon being driven dangerously on the road when it should not have been.
“He hit him and chose not to stop and left our son to die on a grass verge.
“Adam deserved much better, he was left as roadkill by someone who should not have been on the roads."
Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.
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22 comments
The callousness of leaving the lad in the road after the collision is shocking. My condolences to the family of the victim.
To short a sentence IMO.
I often wonder why causing death in a car seems to get a pass like this especially with the aggravating factors. And why should this person ever have the priviledge of driving again.
I truly, sincerely hope that this person meets with an unpleasant incident in the showers or the exercise yard and that no one notifies the wardens for a good few hours. I really effing do.
This happened close to where I live and follows on from the death of Josephine Gilbert by another HGV driver who thought he was above the law.
It takes a certain level of cowardice to leave the scene of a crime regardless of the implications for the driver.
Worryingly many of the commenters in the local rag suded with the driver and victim blamed the young lad for being out on his bike during lockdown.
Society is utterly fucked if people see things this way.
Seriously, retards in your area sided with a drunk driver over a lad out cycling, cycling was actually allowed, whereas drunk driving has never been allowed, t**** like them boil my blood.
Anything less than a lifetime driving ban would be an injustice
Didn't fear a lengthy prison sentence then?
And appears to have been more concerned about his job than that he might have killed someone...
Didn't need to, as it turned out.
The maximum sentence for causing death by dangerous driving is 14 yrs, he'll probably be out in 2-3 yrs.
I hope the family's legal team will appeal.
He was drunk. He was on the phone. He left the scene, didn't report the accident and never handed himself in.
With all those factors combined, how could the judge justify anything other than the maximum sentence? What else could he possibly have done to make this worse?
Killed a non cyclist.
Killed 2 or more? But yeah, hard to think of what could have been worse given supposedly professional driver.
(Totally agree but) Ah, but:
1) He admitted it - so that's pretty much always time off. 2) If he hadn't then all those other points would have been up for debate:
Not mentioned if CCTV / witnesses actually observed the collision but if not then that needs to be proved. Debris from vehicle is evidence but you'd need to link it and that could be from hitting something else. (People have avoided prison even when they've been observed in the car.) There'd be a need to show that they were on the phone at the same time probably, and also maybe debate whether the cyclist would have survived if he did stop...
You'd hope that the judge / jury would put all the bits together and ignore the quibbles.
There is also "first offence" which to me just means he had driven in similar states and just not been caught.
I was going to make some pithy comment about the focus of the press at the moment ... But I can't.
Words fail me ...
That poor lad ... And heat felt condolences to his family.
I really hope that the sentence reflects the true abhorrence of this crime..
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.
.
.
.
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But, deep down, I know it won't.
5 years 11 months and a 5 year ban. Nowhere near as long as it should be, but better than some that I've seen recently
The consequence of the offence was the needless, wanton killing of a young man. The penalty for the offence would likley be a driving ban, maybe a suspended, although we shall see.
RIP Adam, and my deepest condolence to your loved ones.
This is why much greater penalties are needed for leaving the scene of a collision without rendering assistance. Currently, leaving someone for dead will likely get a lesser sentence than stopping and being breathalyzed. At the very least, a prison sentence is required as that level of callous disregard for lives shows that they are not fit to be part of larger society.
If someone did that to one of my children then they had better hope for a very long custodial sentence, at least long enough to outlive me. Otherwise it would most likely represent roughly the remaining amount of time they have on Earth.
I agree totally.
I would find them and I would end them.
So we agree that the judicial process does not currently deliver justice.
Weak pragmatism by prosecution and sentencing is not providing sufficient penalty for dangerous behaviour, or to prevent it...
The threat to dangerous road users must be unacceptable.
#VisionZero
I agree with the sentiment, but it is a dead cert that there would be no leniency shown when it came to sentencing you. I have 3 kids, and revenge would mean that the tw*t would not only rob them of a sibling but also their dad. As I said in another post, there can be no justice in this case. We can only continue arguing for improved road safety, driving standards and enforcement. #visionzero
A truly tragic story, condolences to the Barry family.
I don't know where to start with the type of individual that would behave like this. Regardless of sentencing there will never be justice. With the callous lack of humanity shown it seems unlikely that there will be even a hint of remorse, so whatever the sentence his behaviour seems unlikely to change.