Taxi driver who ran over and killed pensioner lying injured in street spared jail
A taxi driver who ran over and killed a pensioner, who was lying injured in the road, has walked free from court.
Henry Vueza-Ngindu failed to heed the "frantic" warnings of members of the public who were tending to a stricken John Lee and ploughed into him with his car. The 76-year-old died "almost instantaneously" following the early hours accident.
Liverpool Crown Court[1] heard today, Friday, that a woman called Carol Beals had picked her husband Ian and his friend Daniel McQuade up after a night out in the city centre[2] and was driving them home along Westminster Road at around 1am on May 30 2021. As she approached the junction with Fountains Road in Kirkdale[3], they spotted Mr Lee "lying in the road in the opposite carriageway" and stopped to help.
Arthur Gibson, prosecuting, described how another car, driven by Stuart Wilson-Maher, also pulled over in order to assist him. Mr Lee told the Good Samaritans that he had "had a few drinks and fallen", but "started to complain of pain" when they tried to help him up.
"Fearing that he had serious injuries which may be made worse", the passers-by decided not to move him. They instead stood in the carriageway in order to block traffic.
But Mr McQuade then noticed Vueza-Ngindu's blue Skoda Octavia being driven along the 30mph route from the direction of Walton[5]. It "did not appear to be slowing down" and was around "the length of a football pitch" away.
He began "frantically waving his arms" in order to attract the driver's attention, but the vehicle continued. Mr McQuade had to "jump out of the way to avoid being knocked out of the way".
The witness added in a statement: "I immediately put my head on my hands, as I knew what was going to happen. I spun around and heard a thud, like two vehicles colliding."
Mr Lee, whom neighbours reported lived alone and rarely had visitors, was "dragged some distance up the road" by the "private hire vehicle" before it came to a stop. He was tended to by paramedics, but died "almost instantaneously" due to "massive crush injuries to his chest and abdomen".
Vueza-Ngindu, of Doddington Lane in Salford, passed roadside tests for drink and drugs. Experts concluded that the dad-of-three had been travelling between 30 and 34mph shortly before the collision and had "braked immediately before or upon contact".
Under interview, the 53-year-old told detectives that "although he had seen the people around Mr Lee, he had not seen Mr Lee on the road before it was too late to avoid a collision". Mr Gibson said: "The prosecution's case is that, given the warnings by the members of the public and the fact that there were a number of people tending to the deceased, a reasonable and prudent driver would have at the very least slowed down to such a speed as to have been able to stop before colliding with the deceased as he lay on the road."
Nigel Beeson, defending, stated that his client has lost his employment as a result of the incident and his wife, a nurse, was now the family's "sole breadwinner". He added: "This is a very, very awkward situation in which my client finds himself.
"Nothing I can say will turn the clock back. He has not sought to hide anything from anybody.
"He has cooperated throughout. Faced with what must be an incredibly difficult situation, he has had the courage to plead guilty.
"This sad event was nearly three years ago. Not only have Mr Lee's family had to live with the consequences, so have my client's family."
Vueza-Ngindu, who has no previous convictions and used a walking stick in court, admitted causing death by careless driving. He was handed a nine month imprisonment suspended for a year, told to complete 100 hours of unpaid work and banned from driving for a year.
Sentencing, Judge David Aubrey KC said: "This is a sad and tragic case. He was, regrettably, heavily intoxicated.
"There, in the middle of the road, he met his death. The man's name was John Lee, identified by that which was in his wallet.
"He was 76 years of age. Little more is known of him by the court.
"You are now in the dock, overwhelmed by the events, immersed in remorse and traumatised by the incident. As empathetic, compassionate, emotionally intelligent a man one could ever wish to meet.
"It may well have been a scene, to some extent, of some confusion. You having not seen Mr Lee and not knowing what was going on drove over him, and he was pronounced dead at the scene having received massive crush injuries.
"You had not been speeding. You had not been drinking.
"You were at work and you had braked either immediate before or on contact. But it was far too late.
"You simply had not heeded the warnings given by those members of the public. What you should have done was to slow down in order to avoid any hazard.
"You are a man of hitherto impeccable previous good character. The court accepts that you are full of remorse.
"You inevitably will lose your licence today, and thus your livelihood, in consequence. Your family are now struggling financially, and you rely upon your wife's income.
"You are also a father of three children, two of whom are dependant upon you and your wife. You yourself, I have no doubt, have been traumatised by the incident and the realisation that a life has been lost in consequence of your admitted careless driving.
"It is something, in truth, that haunts you. You experience flashbacks, you have become isolated and you also have a number of physical health issues.
"It was more than a momentary lapse. There was a potential hazard, and you did not heed the warnings of others.
"No sentence this court imposes can equate to or compensate for the loss of life. In my judgement, in the particular circumstances of this case, the balance weighs clearly in favour of suspending the duration of your sentence."
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References
- ^ Liverpool Crown Court (www.liverpoolecho.co.uk)
- ^ the city centre (www.liverpoolecho.co.uk)
- ^ Kirkdale (www.liverpoolecho.co.uk)
- ^ Curtis Warren could face trial later this year after appearing in court (www.liverpoolecho.co.uk)
- ^ Walton (www.liverpoolecho.co.uk)
- ^ Don't miss the biggest and breaking stories by signing up to the Echo Daily newsletter here (www.liverpoolecho.co.uk)