A hit-and-run driver who had been drinking at an illegal party during the first national lockdown last April and left a teenage cyclist to die after a hit-and-run crash has been jailed for 5 years 11 months.
Appearing at Derby Crown Court, Milan Gugyel admitted causing the death by dangerous driving of 15 year old Adam Barry from Sandiacre on Saturday 25 April 2020, reports Nottinghamshire Live.
Sentencing him today, Judge Robert Egbuna said: “Instead of stopping and helping or at least calling the emergency services, your only thought was to save yourself.
“You left the scene and drove to your home and went to bed in the knowledge there had been a serious accident.
“The impact of the accident did not kill Adam immediately. If you had stopped at the scene it is likely the paramedics would have arrived in minutes.
“Your failure to stop resulted in delay of treatment to Adam in the region of 20 minutes.
“While it is not possible to say whether Adam would have survived, you left Adam's parents wondering if he would have been saved if you had stopped.”
Despite lockdown restrictions in force at the time, the 34 year old went to what was described as a “mini street party” on the afternoon of the fatal crash, where witnesses said he drank “several beers” as well as what appeared to be whisky from a tumbler.
He phoned his landlord at 7.15pm to and told him he was drunk, said Laura Pitman, prosecuting.
Driving home in his partner’s Audi A2, he hit Adam, who was riding a BMX bike, from behind and fled the scene of the crash, which happened between Borrowash and Risley.
Ms Pitman said that mobile phone records indicated that Gugyel, who works as an HGV driver, had called a friend while he was driving home, the call lasting four minutes.
“It is inconceivable the defendant was not aware he had collided with a bike and there had been a person on the bike,” she said. “But we know that sadly he did not stop and instead he continued to drive home.
“CCTV showed him getting out and inspecting his vehicle.
“The Crown say the reason he left, not even calling for medical assistance was that he was concerned he was over the legal limit and he knew he was on his phone. We also say he knew of the consequences of the offence.
“He knew it would lead to a disqualification and he would lose his employment as an HGV driver.”
Police attended the scene and discovered debris from an Audi A2. They checked addresses that evening of registered keepers of such vehicles in the area, including the one that the car Gugyel had been driving was registered to, but he had recently moved home, which Ms Pitman says is why he was not breathalysed.
“He could have called for the emergency services but he did not,” she continued.
“Not that evening, not the next morning. Adam was discovered by a passer-by, a driver, who flagged down another driver and said ‘there’s something or someone at the roadside’.
“In fact the emergency service didn't arrive until 9.30pm.
“His mobile phone was ringing and it was picked up by a passer-by.
“Adam's parents, knowing how long he would normally have been out had used his iPhone tracker and realised the phone had not moved for some time.
“The phone call was from his mother, Beverley.
“They told her what had happened to her son.”
Adam’s father said in a victim impact statement read out to the court: “The circumstances of his death are hard to process and we are in a constant state of disbelief and anger.
“Every morning we wake up with the reality he has gone.
“In April 2020, the country was in lockdown, none of us were able to leave the house, the roads were empty and an HGV driver got into a car, a lethal weapon being driven dangerously on the road when it should not have been.
“He hit him and chose not to stop and left our son to die on a grass verge.
“Adam deserved much better, he was left as roadkill by someone who should not have been on the roads."
Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.