Driver jailed eight years for killing deaf pedestrian
AN UNINSURED learner driver who killed a deaf shopper in a supermarket car park during a parking dispute has been jailed for five years.
Timothy Higgins, 22, drove at deaf pedestrian Christopher Gadd, 48, after the pair exchanged “V signs” amid a row over a space in a Sainsbury’s car park.
Higgins, who only had a provisional driving licence, was convicted earlier this week of manslaughter following a trial at Cardiff Crown Court.
The trial heard Higgins swerved towards Mr Gadd, causing him to fall backwards on to the road. He died of serious head injuries.
Mr Gadd had been a passenger in his brother’s car, which “momentarily” blocked Higgins’ Land Rover Freelander from reversing out of a space on the afternoon of March 4 in Pontllanfraith.
Prosecutor Owen Williams told the jury: “Unable to reverse momentarily, Higgins became annoyed and gestured at the brothers and they gestured back. The V sign was used.”
Higgins eventually reversed out of the space while Mr Gadd followed him on foot to remonstrate with him.
The court was told that while Mr Gadd was walking on the car park’s carriageway, Higgins “deliberately swerved” towards him on his way out and delivered a “slight glancing blow”.
Witness Maggie Pridley told police she saw the Land Rover “turning into the man” before its front driver’s side corner struck Mr Gadd.
He fell backwards to the road andsuffered “significant and fatal head injuries”, resulting in him bleeding from his ears and nose, and despite the efforts of shoppers and paramedics to revive him he was pronounced dead at the scene.
The cause of death was later given as blunt force head injury including complex skull fractures.
The prosecutor said it was not suggested Higgins intended to kill Mr Gadd or to cause him serious harm, but that by driving in the manner he did he “unlawfully assaulted” him.
Higgins’ passenger, his girlfriend Nia Bailey, was the only person insured to drive the Land Rover as Higgins was not insured and only had a provisional licence.
In police interview, Higgins told police: “I did swerve at the man, he was coming towards the vehicle and I just swerved at him to s*** him up. I didn’t mean to hit him.”
Despite Higgins later denying he deliberately swerved towards Mr Gadd, a jury found him guilty of manslaughter, causing death while driving uninsured and causing death otherwise in accordance with a licence.
Paul Lewis QC, defending, said: “It is an inescapable truth that the collision occurred when the deceased was substantially into the carriageway.
“It was a very slight glancing impact, not at speed, but nevertheless with catastrophic consequences.”
Passing sentence, Judge Eleri Rees, the Recorder of Cardiff, said: “I am satisfied that although you did not intend to cause him injuries, you were reckless.
“It should be obvious that driving a vehicle at someone is a dangerous thing to do.”
The judge said Higgins had an “immature attitude” to the laws of the road by driving with only a provisional licence and without insurance.
“You are understandably shocked at the consequences of your actions and the devastation at the consequences of being arrested for murder,” she said.
“But during your police interviews and from your evidence in the trial I did not detect any remorse or empathy and only self-pity towards your situation. No doubt you will see this as a severe sentence. You, unlike Mr Gadd, will have the opportunity to rebuild your life.”
Higgins, from Blackwood, was also banned from driving for four and a half years and ordered to take an extended driving test.