FATAL CRASH DRIVER SPARED JAIL TIME
A CARELESS driver who killed a teenager has been spared an immediate jail sentence.
Nigel Davies, who was behind the wheel of a car which hit 19-year-old Deividas Andrijauskas, was sentenced to 36 weeks’ imprisonment suspended for 15 months.
A CARELESS driver who killed a teenager has been spared an immediate jail sentence.
Nigel Davies was behind the wheel of a Dacia Sandero car in Porthcawl in 2016 when he mounted the pavement without warning.
He ploughed straight into 19-yearold Deividas Andrijauskas, who was walking along the street with a friend. Such was the force of the crash, it sent the teenager into a tree.
Deividas was taken to hospital by air ambulance but died seven days later after suffering serious brain damage.
Davies, of Skylark Road, North Cornelly, Bridgend, later claimed he had “fainted” at the wheel.
However, a jury at Cardiff Crown Court later found him guilty of causing death by careless driving following a trial. Davies had faced the prospect of being sent to jail – but a judge decided to impose a suspended sentence instead.
In a statement read out at a sentencing hearing on Monday, the Deividas’ father Mr Vaidas Andrijauskas said he and his family had moved to South Wales from Lithuania in 2009. He said Deividas attended Brynteg Comprehensive School, fitted in well and quickly became fluent in English. He went onto to study engineering at Bridgend College and had a job as a waiter and pool cleaner at Heronston Hotel.
Mr Andrijauskas added: “In his spare time he loved to listen to music. It was definitely one of his passions and he always had his earphones in and was listening to music. His dream was to become a DJ. He was perfectly fit and healthy.”
The statement went on to say on the day of Deividas’ death, he helped his mother carry shopping bags home before going out in the afternoon.
Mr Andrijauskas also said his son was a “confident and competent” pedestrian who had perfect vision and hearing and excellent reactions. He added: “He was a happy young man and very socialable. He had lots of friends and everyone who knew him loved him. Deividas was a bright boy and our eldest child. He had a great future ahead of him. He will be missed by all of us.”
In mitigation, defence barrister Sharon Bahia said Davies had suffered with his mental health since the collision and had been prescribed antidepressants. She said he also wished to express his remorse to the court for Deividas’ death.
She also said the five-year delay in the course should afford the defendant “significant mitigation”.
Sentencing, Judge Michael Fitton QC said: “I have to sentence you for causing the death of a young man Deividas Andrijauskas who was just 19 on the date of his death.
“You deprived his parents of their son and all the particular joys and shared cares that his adult life could have brought to himself and and his family.
“It was a terrible coincidence of fate that led him to be walking at that moment by that road and to be struck at that particular moment in time. It’s not a coincidence anyone could have predicted but he was walking legitimately on a public path by the side of an A road and was entitled to walk their with his friends.”
The judge said he came to the conclusion Davies did not faint at the wheel but had lost his concentration which caused him to lose control of the car.
He added: “The responsibility rests on your shoulders and your shoulders alone that your incompetent driving caused the death of a young man of 19.”
Davies was sentenced to 36 weeks imprisonment suspended for 15 months. He was also ordered to carry out a 10 day rehabilitation activity requirement, 15 hours unpaid work, and was disqualified from driving for two years and six months.
Judge Fitton also acknowledged the delay in the case coming to court.
He said: “The family’s grieving process has been affected by the course this case has taken and has not been the fault of the family.
“It’s deeply regrettable and I want to publicly mark and recognise the delay of five years has greatly extended and prolonged the pain of the family.”