Boy of 5 killed by driver fed up at children playing games outside home
A MOTORIST who was ‘sick and tired’ of children playing on his drive was jailed yesterday for crushing a five-year-old boy as he parked.
David Cowell, 42, was trying to scare an older girl away in his car and did not see Riley Ferguson, who died after suffering head and neck injuries in the horrific incident.
Riley, who loved golf and swimming, had been playing on the shared drive in Milton Keynes, Buckinghamshire, when he was run over in June last year.
He was taken to John Radcliffe Hospital in Oxford before being moved to a hospice, where he died four days later on June 11.
Cowell had denied a charge of causing death by careless driving, but was convicted by a majority verdict at Aylesbury Crown Court in Buckinghamshire. Sitting in the dock wear- ing a grey suit and tie, he wept as he was jailed for two years for his ‘appalling driving’.
Judge Frances Sheridan said: ‘It is my view that the defendant wanted to make a point to the girl, he was focusing on her, trying to get as close to her as possible.
‘Because of that he came close to her and was not looking out for Riley who was there to be seen. He wanted to make a point to say “get off my drive”.’
The judge added: ‘ He couldn’t have been closer to the other child without actually knocking her over – that’s a clue...
‘[Riley’s] life was snuffed out by this piece of appalling driving, and it was appalling driving.’
The trial heard descriptions of the incident from the girl, aged ten, who cannot be named for legal reasons.
She described how ‘our nextdoor neighbour was driving down the hill and he didn’t see Riley but he saw me because I was standing up’. She added: ‘Riley was sitting down. He went over Riley. He got out the car and put Riley on the grass.
‘His mum was screaming and Riley was bleeding out of his face and nose. His dad carried him over to his front lawn and he wasn’t breathing.’
Prosecutor Alan Blake told the court how the incident had affected
‘His mum was screaming’
Riley’s family and the young girl. He said: ‘The girl has told her mother, “it should have been me”, she has found it very upsetting and has recurring dreams about what happened.’
Riley’s parents, Grazyna and Barry Ferguson, were in court to see Cowell sentenced, and read out a victim impact statement.
Fighting back tears, Mrs Ferguson read a letter to her son, in which she said: ‘You touched ours and so many hearts with your infectious smile and personality.
‘We are so proud and privileged to be your parents, you will stay with us for ever.’
Speaking outside court after the sentencing, Mr Ferguson said: ‘It has been very difficult, it has never been about a custodial sentence... It was more for the ownership of the driver that he has done something wrong from the very beginning.’
He added: ‘To us it was about respect for our Riley so he can lay in peace and the guy to actually own up to what he has done, that is all we wanted. We hope nobody goes through this themselves.’
His wife read out a list of words that Riley’s classmates chose to describe him at a memorial service, including ‘very kind’, ‘liked to ask questions’, ‘ friendly’, ‘ clever’ and ‘sporty’.
Neighbours said Riley’s bedroom has been left unchanged, with his Buzz Lightyear toys still in view in the window. Mitigating for Cowell, Shaun Esprit said: ‘My client has shown genuine remorse and will have to live with the repercussions for the rest of his life.’
The court was told Cowell had two convictions for drink driving from 1998 and 1999 for which he was fined and disqualified for a year and 36 months respectively.
As well as his custodial sentence, Cowell was handed a driving ban of five years and two months.
Gavin Hernandez, prosecuting, said: ‘Cowell maintained that he did not see Riley and that he had conducted all reasonable observations. However, children regularly played and left their bikes and toys on the shared driveway. In fact, it was a source of concern and frustration to Cowell.’
He added: ‘This was not just a tragic accident, but a death caused by Cowell’s driving.’