GONE IN A SECOND
ONE second after Max Anthony Timbury saw a four- year- old boy running in a Kirwan car park, his ute hit the child, causing fatal injuries.
That second will live with him and little Logan Andersen’s family for the rest of their lives.
Logan ( pictured above) died in Townsville Hospital on October 5 last year, a day after the tragedy in Kingpin bowling alley’s car park.
Timbury, 19, pleaded guilty in Townsville Magistrates Court yesterday to one count of driving without due care and attention and was fined $ 1500 and disqualified from driving for six months.
Logan’s dad Clint said he was “disappointed and upset” by the decision and that his son would “never be forgotten”.
THE family of a four- yearold boy fatally run over by a teenage driver in a Kirwan carpark last year has been left “disappointed and upset”, after he walked from court with a fine and a licence disqualification.
Clint Andersen said his son Logan ( pictured), struck by a ute in the carpark of Kingpin bowling alley on October 4, “will never be forgotten”.
“Every morning every night, the first thing I think about the last thing I think about … he’ll always be a part of us,” he said.
“I like to say he’s always around us … he’s touched so many people’s lives.
“I’m pretty disappointed and upset. It’s a very emotional time for me and my family, but the decision has been made.”
Max Anthony Timbury, now 19, pleaded guilty to one count of driving without due care and attention when he appeared in Townsville Magistrates Court yesterday.
Timbury was behind the wheel of the Toyota HiLux dual cab ute when Logan ran out from between parked cars while playing with a mate about 12.15pm on October 4.
The court was told Logan was struck by the passenger side bumper before being run over by the passenger side wheel.
The young boy died from his injuries in Townsville Hospital a day later. According to Timbury the time between him spotting Logan and making impact was one second. Timbury told police he had been travelling no more than 20 to 25km/ h, while Logan’s family argued he was travelling about 40km/ h.
Forensic analysis, including a recreation of the scene and CCTV footage, revealed Timbury had likely been travelling 35km/ h on average across the 24m before the incident.
Timbury’s defence solicitor Harvey Walters said his client was “not a ratbag” and appealed to the magistrate not to leave a mark on the teenager’s record.
“He wasn’t aware of the young child until he ran out into the path of his vehicle,” he said.
“By the time he realised that, he hit the brakes, travelled probably 6m … It would seem the vehicle had run over the child with very tragic consequences. If he could turn back time of course he wishes he could.”
Magistrate Steven Mosch said the incident was “out of character” for Timbury, who was 18 at the time, and had no traffic or criminal record.
“The real tragedy of course is that this offending is linked to the death of a young child,” he said.
“I want to be clear, particularly for their ( Logan’s family) benefit that any sentence I impose today is not supposed to be a reflection of the value or worth of the young child.”
Timbury was fined $ 1500 and disqualified from driving for six months. A conviction was recorded on Timbury’s traffic history.
Logan’s grandmother and mother Lauren Grieve were present in court but were too distraught to speak.
Mr Andersen said the sentence was disappointing but understood the “other side”.
“This young guy that was there today, he will have to live this for the rest of his life,” he said.
EVERY MORNING EVERY NIGHT, THE FIRST THING I THINK ABOUT THE LAST THING I THINK ABOUT … HE’LL ALWAYS BE A PART OF US CLINT ANDERSEN