Wirral mum marched her tearful son back to the scene to face what he’d done | UK | News
David Brown was taken to the scene by his mother. (Image: Merseyside Police)
The man who hit a pensioner while speeding with his BMW was taken to the scene by his mother in tears. David Brown collided with 81-year-old pedestrian James Atkinson as he arrived late for tea at his mother’s house. The trumpeter suffered “catastrophic” injuries while attending a band practice at a nearby social club and died in hospital two days later.
Liverpool Crown Court jurors were told Brown, of Malvern Road in Tranmere, Wirral, was driving his BMW 1 Series along Teehey Lane in Bebington when he hit Mr Atkinson as he crossed the road just after 7.30pm on March 4, 2024. Prosecutor Robert Dudley described how Brown had earlier been forced to slow down as he approached the Village Road junction because cars in front of him were waiting to turn onto that street. The court heard the 25-year-old then accelerated at “considerable speed” along the 30mph route, overtaking parked cars and entering the opposite carriageway.
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Mr Atkinson was crossing the road as he walked towards the Royal British Legion, leaving his own car in nearby Roland Avenue. After taking eight steps towards the highway, he was hit by the driver’s side of the BMW.
Mr Atkinson was transferred to the Walton Center after being rushed to Aintree Hospital suffering from fractures to his neck, skull, ribs and facial bones, as well as “catastrophic” bleeding in the brain. He was pronounced dead due to his injuries at 17.05 on March 6.
Brown reportedly slowed down for a moment after the collision, but then continued driving toward his mother’s house and then returned to the scene with his mother.
At this point he was said to have approached a nearby police officer and the defendant told him: “I didn’t even see him, I just didn’t see anything.”
During the interview, Brown told detectives he was working with his father in the Tranmere area and had gone to his mother’s for tea. Liverpool Echo reports. The mechanic added: “Honestly, I didn’t see the man in the middle of the road. It was dark when I pulled out onto the road. My mirrors flew out of the car as if there was something on the driver’s side, but I couldn’t see him because he was in my blind spot. Then I honestly didn’t know what I hit, I panicked, I went straight to my mother and my mother immediately stood me up. I realized I had just hit something, so I carried me. I just went to my mother and she sent me back to take care of everything.”
Brown estimated his speed at the time as “maybe 30, maybe a little over 30,” but later investigation revealed he was speeding between 39 and 42 mph.
The person, who has had a driver’s license since 2017 and previously had three penalty points, which has now expired, had no previous convictions.
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Trevor Parry-Jones, defending, told the court on Monday: “Your Honor had the advantage of being able to see the defendant during the trial. He did not display a firm stance. In my view he perhaps did not show the maturity of his age, but rather immaturity. This may have been a result, firstly, of his dyslexia and secondly, of his limited learning. “However, he had worked all his life when he could.
“There is one member of the family who shines, and that is his mother. She wasn’t living with him at the time. He finds it very upsetting to come to court. But it was his mother who took him right back to the scene. Your honor, you remember, he was in tears at the scene. He was very upset.
“Although he could not come to terms with the conviction, he was remorseful and wished, as many people do, that he could turn back the clock. In this case, I will declare it to be true. He accepts that his driving caused the injury.”
Mr Parry-Jones also said that while it was “extreme”, “this is not a case of someone going 70mph”. He said: “The jury found that it was dangerous. But it wasn’t extremely large on that sliding scale. Secondly, it was short-lived.”
Brown was found guilty by a jury of causing death by dangerous driving and admitted failing to stop following an accident. He was sentenced to four years in prison on March 9.
Brown was also banned from driving for seven years. He will have to pass a lengthy retest before being allowed behind the wheel.
James Atkinson died following the accident. (Image: Merseyside Police)
Sentencing, Judge Anil Murray said: “You argued, and remain so, that your driving was neither dangerous nor careless. Mr Atkinson was 81. He had worked all his life. He traveled the world. He was a talented musician. He shared his talents for the enjoyment of others. He wanted to go to the club every week and play his trumpet and see his friends. You loved cars. You said your car, a BMW 1 Series M Sport, was faster and more powerful than most cars. Cars. You went to see your mother for dinner.” You were driving. Apparently you got frustrated and suddenly accelerated.
“You drove in the middle of the carriageway and did not turn into the left lane. The only reason you did not turn into the right lane could be that you wanted to take the oncoming left bend to go faster than normal, as suggested by the prosecution.
“This was a residential area. Mr Atkinson was walking slowly along the road. You could not see him. When Mr Atkinson had walked more than half the way, he was on the driver’s side of the car. He had moved directly across the path of your car. If you had been careful and driven at a reasonable speed, you would have seen Mr Atkinson and the collision and resulting death would have been avoided. If you had turned onto the correct side of the road, the collision would have been avoided. You We then drove off without stopping to check how Mr Atkinson was doing.
“Your mother’s conduct in this case was impeccable. She behaved with dignity throughout. This must have been truly difficult for her. When you arrived at her home and you told her there had been a collision, she almost immediately took you back to face your responsibilities. She followed this up by giving a statement and giving evidence for the prosecution. This case must have been agonizing for her, as it must have been for those Mr. Atkinson left behind. No sentence I can impose can bring James back.”
“There is nothing in your case to suggest you will trouble the courts again, but you have committed a truly serious offense and you have not taken responsibility for it or taken the blame,” the judge added. He also said: “The pre-sentence report says you are remorseful. The problem is that you continue to deny your guilt and say the collision was not your fault.”
