David Brown was taken back to the scene of the incident by his mum (Image: Merseyside Police)
A man was marched back in tears to the scene of an incident by his own mother after he hit a pensioner whilst speeding in his BMW. David Brown was running late for tea at his mum’s house when he collided with 81-year-old pedestrian James Atkinson. The trumpet player was on his way to band practice at a nearby social club when he sustained “catastrophic” injuries, resulting in his death in hospital two days later.
Jurors at Liverpool Crown Court were told that Brown, of Malvern Road in Tranmere, Wirral, was driving his BMW 1 Series along Teehey Lane in Bebington just after 7.30pm on March 4, 2024, when he hit Mr Atkinson as he was crossing the road. Robert Dudley, prosecuting, described how Brown had earlier been forced to slow down as he approached the junction with Village Road due to cars ahead of him having been waiting to turn right into this street. The 25-year-old then accelerated “at considerable speed” along the 30mph route, the court heard, overtaking parked cars and crossing into the opposing carriageway.
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Mr Atkinson was crossing the street whilst walking to the Royal British Legion, having left his own car on nearby Roland Avenue. Having taken eight steps onto the carriageway, he was then struck by the driver’s side of the BMW.
Following his urgent transfer to Aintree Hospital with fractures to his neck, skull, ribs and facial bones, alongside “catastrophic” bleeding on the brain, Mr Atkinson was moved to the Walton Centre. He was pronounced dead at 5.05pm on March 6 as a consequence of his injuries.
Brown was reported to have momentarily slowed after the collision, but then continued driving to his mum’s flat before returning to the scene in her company.
She was said to have approached a police officer who had arrived in the vicinity in the meantime, before the defendant told him: “I didn’t even see him, I just didn’t see anything at all.”
Under interview, Brown went on to tell detectives that he had been working with his dad in the Tranmere area and was driving to his mother’s for tea, the Liverpool Echo reports. The mechanic added: “Obviously, I haven’t seen the fella in the middle of the road. It was dark as I have come up the road. My mirrors just flew off the car, like something has been on my driver’s side, but I have not seen him because he has been in my blind spot. And then obviously I didn’t know what I hit, panicked, went straight down to my mum’s and my mum brought me straight back up. I just knew I had hit something, then I have just carried on going. I just went to my mum’s, and my mum has run me back to sort it all out.”
Brown estimated his speed at “maybe 30, just over 30” at the time, though investigations later established he had been travelling at between 39 and 42mph.
He had no prior convictions, having held his licence since 2017 and previously having had three penalty points, which have now lapsed.
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Trevor Parry-Jones, defending, told the court on Monday: “Your honour had the advantage of being able to see the defendant during the course of the trial. He did not portray a robustness. In my submission, he perhaps did not show the maturity of his age, rather an immaturity. That could well be, firstly, as a result of his dyslexia and, secondly, his learning, which was limited. But he had worked throughout his life, when he was able to.
“There is one shining member of the family, and that is his mother. At the time, he was not living with her. She finds it too upsetting to come to court. But his mother was the person who immediately took him back to the scene. Your honour will recall, at the scene, he was in tears. He was extremely upset.
“While he could not come to terms himself with the conviction, he was remorseful and wished that he could put the clock back, as many people do. In this case, I am going to submit that is genuine. He accepts that his driving caused the injury.”
Mr Parry-Jones also said that whilst “excessive”, “this is not a case of someone driving at 70mph.” He said: “The jury have found that it was dangerous. But, in that sliding scale, it was not overly great. Secondly, it was for a short duration.”
Brown was convicted by a jury of causing death by dangerous driving and admitted failing to stop after an accident. On March 9, he was jailed for four years.
Brown was also banned from driving for seven years. He will be required to pass an extended retest before being allowed back behind the wheel.
James Atkinson died following the crash. (Image: Merseyside Police)
Sentencing, Judge Anil Murray said: “You have maintained throughout that your driving was neither dangerous nor careless, and you still do. Mr Atkinson was 81 years old. He had worked all of his life. He travelled the world. He was a talented musician. He shared his talents for the entertainment of others. He want to the club every week and would play his trumpet and see his friends. You liked cars. Your car, a BMW 1 Series M Sport, you said, was faster and more powerful than most cars. You were on your way to see your mother for dinner. It seems that you felt frustrated and accelerated sharply.
“You drove in the centre of the carriageway and did not return to the left hand lane. The only reason for not returning to the correct lane can be the one suggested by the prosecution, that you wanted to open up the oncoming left hand bend to take it faster than normal.
“This was a built up area. Mr Atkinson was walking slowly across the road. You failed to see him. When Mr Atkinson had walked across more than half of the road, he was at the driver’s side of the car. He had walked right across the path of your car. Had you kept a proper lookout and been going at a reasonable speed, you would have seen Mr Atkinson and the collision and resulting death would have been avoided. Had you returned to the correct side of the carriageway, the collision would have been avoided. You then drove off without stopping to check how Mr Atkinson was.
“The behaviour of your mother in this case has been faultless. She has behaved honourably throughout. This situation must be really difficult for her. When you arrived at her house and told her there had been a collision, she almost immediately took you back to face your responsibilities. She followed that up by making a statement and giving evidence for the prosecution. This case must be agony for her, as it must be for those who Mr Atkinson left behind. No sentence I pass can bring back James.”
The judge added that “there is nothing in your case that makes me think you will trouble the courts again, but you have committed a really serious offence and you have not taken responsibility for it or owned up to blame”. He also said: “The pre-sentence report says that you are remorseful. The problem with that is, you continue to deny your guilt and say the collision was not your fault.”
