Jail for driver in horror crash that killed teens
Fifteen victim impact statements were read in a packed High Court at Timaru yesterday during Tyreese Stuart Fleming’s sentencing to 21⁄2 years in prison on five charges of dangerous driving causing death last year.
The statements included those from six parents, two siblings and three grandparents of the five teenagers who lost their lives in the crash in Timaru.
Fleming was 19 at the time, driving on a threeday-old restricted licence, and had been drinking when the car he was driving slammed into a power pole at the intersection of Meadows and Seadown roads at a speed of 110kph to 115kph shortly before 7.30pm on August 7 last year.
The impact split the car in half, instantly killing all his passengers – Javarney Drummond, 15, Niko
Hill, 15, Andrew Goodger, 15, Jack Wallace, 16, and Joseff McCarthy, 16.
Fleming, who had initially faced five charges of manslaughter, pleaded guilty in the High Court at Timaru on April 5 to five charges of dangerous driving causing death, which carries a maximum penalty of 10 years’ imprisonment.
Fleming, who has been on bail since he was first charged in December, appeared before Justice
Osborne. The judge acknowledged the sentencing was a significant moment for all involved.
‘‘I ask everyone to be respectful. This will be a hard process.’’
Crown prosecutor Andrew McRae said a combination of very poor decision-making led to the tragedy and the impact was apparent from the victim impact statements.
Lawyer Thomas Nation said Fleming’s remorse had been obvious from the outset. Nation read a statement from Fleming in which
he apologised to ‘‘all the victims’ families and everyone in this community’’ and said he was angry at himself and ashamed.
Addressing the court after a short adjournment, Justice Osborne said the sentence he imposed would be one of imprisonment.
Justice Osborne said Fleming had no prior convictions but did not have a completely clean history, with a couple of incidents that had been dealt with by way of verbal warning and another via police diversion. Fleming, who was reported as being emotionally immature with a tendency towards impulsive behaviour, had ceased all alcohol use since the crash.
‘‘You retain the benefit of a very caring and supportive family.’’
Justice Osborne considered the most relevant aggravating factors as being that Fleming had caused multiple fatalities, driven a vehicle dangerously loaded, drunk a significant quantity of alcohol before driving, breached two conditions of his restricted licence and driven at excessive speed. ‘‘The immense scale of loss in your driving must be recognised.
‘‘In the circumstances, I adopt a starting point of 51⁄2 years’ imprisonment.
Giving a 25% discount for early guilty plea, 15% for youth, 10% for remorse and 5% for good character, Justice Osborne sentenced Fleming to 21⁄2 years’ imprisonment.
Fleming was also disqualified from driving for five years.
Police area commander Inspector
Dave Gaskin said the sentence was an acknowledgement of Fleming’s responsibility for the crash.
‘‘It is not possible to change the event of that tragic night, nor remove the incredible amount of sadness that will remain with the families of the five young men whose lives were tragically cut short.
‘‘On this occasion, a number of poor decisions contributed to an unthinkable sequence of events which resulted in the crash.’’