Stephen Gilmour who died in October 2013.
A Lack teenager has been jailed after causing the death of his friend by driving without due care and attention in Dromore, County Tyrone.
Christopher Eugene McKenna (19) of Glencarn Close, Lack was aged seventeen at the time of the incident and admitted his guilt from the outset.
Prosecuting counsel Mr Michael McAleer told Dungannon Crown Court police attended an incident involving one vehicle at 3.30pm on Sunday 27 October 2013 at Omagh Road, Dromore.
NI Ambulance Service and NI Fire & Rescue Service were already at the scene. There had been three occupants in the vehicle, one of whom was McKenna who had been the driver. The front seat passenger was a fourteen-year old male and the rear seat passenger was the victim Mr Stephen Mark Gilmour.
The car had left the carriageway and was found on its roof at the base of a small grass bank. Damage suggested substantial front and rear impact from striking a concrete fence post and a tree. A witness described how the car “somersaulted” as it came to rest after leaving the road.
McKenna and the front seat passenger managed to climb free, but Mr Gilmour was thrown from the vehicle after the collision and was found lying around five metres away. He had sustained a very serious head injury and was unresponsive. Twenty minutes after the initial incident, Mr Gilmore was pronounced dead at the scene. A post mortem later confirmed death was virtually instantaneous.
Accompanied by his solicitor, McKenna voluntarily attended with police on 1 November last year. He admitted driving at excess speed, taking the car without the owner’s consent as well as being a provisional licence holder but not having taken any lessons. He recalled turning the car into a left hand corner and felt the tail going. After that he remembered nothing of the incident.
When asked why the collision had occurred, McKenna replied, “I honestly don’t know. I think the road surface was wet and I lost control.”
On being asked as to the excessive speed, McKenna said, “I think just the spur of moment and caught up in the whole thing.”
At crown court arraignment McKenna pleaded guilty to all offences.
Appearing for sentencing Her Honour Judge Melody McReynolds accepted guilty pleas were entered at the very first opportunity which she said, “Spared the Gilmour family the trauma of trial.”
Addressing McKenna, she said, “You are an extremely young man with a clear record, strong work ethic and you admitted your guilt at the outset. In considering sentence caution must be taken to establish if the custodial threshold is met. Suspension can only be considered in exceptional circumstances. This was indeed a complex sentencing exercise.”
She continued, “I believe the custody threshold is met. Had this been a case of only a driving matter I would have been content to suspend. However it is the totality of this escapade which takes this case beyond the threshold of immediate custody.”
Whilst the recommended sentence was 12 months, Judge McReynolds reduced this to eight months in a Young Offender Centre, given “the extraordinary mitigation.”
McKenna was also disqualified from driving for three years.
In conclusion Judge McReynolds said, “I pass on the court’s condolences to the Gilmour family and thank them for the extreme dignity demonstrated throughout.”
As McKenna was taken into custody, his mother broke down in tears, and was comforted by other family members.
Mr Gilmour’s family were also visibly upset and were quickly escorted from the court.
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