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Phone driver who sent two WhatsApp messages seconds before killing cyclist in “prolonged episode of bad driving” set to serve one year in prison

Nicole McGeown had also veered onto the grass verge twice in the moments before she rammed into cyclist Ronald Walker, and claimed she was distracted by an overtaking motorist. She has been banned from driving for four years

A motorist who crashed into and killed a cyclist, moments after typing and sending two messages on her phone, accessing Facebook, and veering onto the grass verge in what prosecutors described as a “prolonged episode of bad driving”, is set to spend just one year in jail.

Nicole McGeown was handed a two-year prison sentence at Craigavon Crown Court on Friday for causing the death of cyclist Ronald Walker five years ago, with judge Patrick McGurgan ruling that that she will serve half of her term on licence, while also imposing a four-year driving ban.

57-year-old father-of-two Walker was cycling on the A3 Lisburn Road towards Moira, Co. Down, on 26 March 2020 when he was fatally struck from behind by McGeown, who was driving a Seat Leon, at around 5.45pm, knocking him to the side of the road and sending his bike flying over a hedge.

Despite the efforts of police and paramedics who rushed to his aid, Walker was tragically pronounced dead at the scene, the Belfast Telegraph reports.

> Distracted, phone-using, uninsured driver jailed for six years after killing cyclist in hit-and-run collision

During his sentencing remarks today, the judge noted that the first Covid lockdown in March 2020 meant that traffic was “exceptionally light” on the road. However, despite the weather being clear, a distracted McGeown failed to see the cyclist before crashing into him.

Judge McGurgan outlined in court that in the 40 seconds before the fatal impact, the 31-year-old motorist had typed out and sent two WhatsApp messages on her phone.

Emphasising that McGeown “would have to have typed these,” the judge added that in the moments before the collision, she was also paying more attention to a driver who had overtaken her instead of the road ahead, and had been driving erratically.

McGurgan told the court that while the prosecution submits that “this was a prolonged episode of bad driving… which resulted in the tragic loss of life,” he believed that “this was more than the use of a mobile phone”.

“You were texting while driving, you veered into the verge twice, and your manner of driving and using the phone continued for a period of time,” the judge told the driver, adding that “this was not a momentary lapse.”

According to another motorist who was following McGeown and Walker on the road – and had just overtaken the pair before the fatal crash – the 31-year-old had veered across and almost off the road on two occasions, and even “kicked up dust” from the grass verge.

The witness also said that, despite being behind McGeown, he could see the cyclist clearly ahead on the road.

He told police that he overtook McGeown and the cyclist but, as drove ahead of them, “a flash of movement” in his mirror caught his attention, prompting him to turn back. He then found McGeown sitting in the driver’s seat of her car on the phone to the emergency services.

“He asked the defendant if she had been texting, but she denied it,” the judge told the court yesterday.

> Driver who killed cyclist was using hands-free phone at time

While being questioned by police, McGeown denied that she had been using her phone at the wheel, claiming that she had used the phone just once when she was sitting stationary at a junction, and said she “could not explain why” she had failed to see the cyclist.

However, CCTV footage obtained by the police proved that she was using her phone while driving that evening. After seizing her phone, officers were then able to establish that, in the five minutes before the collision, McGeown used it to access Facebook, read two text messages that she had received, and type out and send two messages.

A message she received at 5.46pm was not read “and it is believed that the accident occurred around this time”, the judge said.

Meanwhile, a forensic engineer conducted a reconstruction which established that McGeown would have had a 400-metre view ahead at the time of the crash, and that a cyclist would have been visible from 180 metres.

McGeown was questioned again by police a year later and confronted with the “overwhelming evidence”, but continued to deny using her phone, insisting instead that she was simply “distracted” by the driver who had just overtaken her.

The 31-year-old had initially been charged with causing death by careless driving, but after reviewing the evidence the Public Prosecution Service opted to increase the severity of the charge to causing death by careless driving.

In June 2024, McGeown initially pleaded not guilty, before eventually admitting her guilt later that year.

> Driver came “flying out of nowhere” through red light and killed boy on bike at crossing, “treating him like a leaf”, as parents criticise “unduly lenient” two-year sentence and call for better enforcement on roads

Judge McGurgan told the court today that while her admission was a mitigating factor in his sentencing, along with her clear record and remorse, the time taken to come to this conclusion “had caused a high degree of harm” to Mr Walker’s family.

The judge also told McGeown that despite the impact a prison sentence would have on her two young children, “this offence is so serious” that there was an “overriding need to deter others”, meaning that “it can only be met by an immediate custodial sentence”.

The 31-year-old was handed a two-year prison sentence, half of which she will spend on licence, and banned from driving for four years.

The judge told the court while he would not “trespass or compound” the grief and hurt felt by Mr Walker’s family, he noted that he had read the “heartfelt and powerful” impact statement written by his sister.

“He didn’t get to see his daughter’s graduation, didn’t get to walk her down the aisle, and won’t get to do the same with his other daughter, and he won’t get to hold his grandchildren,” McGurgan said, arguing that any kind of sentence “will not turn the clock back.”

After obtaining a PhD, lecturing, and hosting a history podcast at Queen’s University Belfast, Ryan joined road.cc in December 2021 and since then has kept the site’s readers and listeners informed and enthralled (well at least occasionally) on news, the live blog, and the road.cc Podcast. After boarding a wrong bus at the world championships and ruining a good pair of jeans at the cyclocross, he now serves as road.cc’s senior news writer. Before his foray into cycling journalism, he wallowed in the equally pitiless world of academia, where he wrote a book about Victorian politics and droned on about cycling and bikes to classes of bored students (while taking every chance he could get to talk about cycling in print or on the radio). He can be found riding his bike very slowly around the narrow, scenic country lanes of Co. Down.

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26 comments

Avatar
Rendel Harris | 4 weeks ago
2 likes

Screenshot below of the Sentencing Council guidelines for death by dangerous driving, Culpability A, the category which has a starting point of eight years in prison. Given that the offender has clearly met at least four of these culpability points, by what process did the judge manage to cut their sentence down to the absolute minimum for the offence?

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Hirsute replied to Rendel Harris | 4 weeks ago
1 like

First thing to check is whether this applies to NI.

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Rendel Harris replied to Hirsute | 4 weeks ago
0 likes

Good point, it's England and Wales. Northern Ireland seem to have the same minimum and maximum penalties but I don't know if they work with the same culpability criteria, they don't seem to have the same sort of publicly available information as the above.

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mitsky | 4 weeks ago
11 likes

This result should be reviewed for being unduly lenient.

And "Judge McGurgan told the court today that while her admission was a mitigating factor in his sentencing..."

Mitigating factor in reducing the sentence?
Why? It took her years to get to that point.
It should have been the other way round where the judge INCREASED the sentence due to this.

Avatar
Bigtwin | 4 weeks ago
6 likes

Must have done something to upset the Court - a year is a long sentence for killing a cyclist in this day and age.  Imagine what she would have got if she'd killed someone important, like another motorist? 

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mctrials23 | 4 weeks ago
6 likes

I sometimes feel like I am mad. Do they genuinely believe this sentencing is a deterrent. The driving standards in Ireland are a fucking joke and this is partly why. Every part of driving punishment is currently a joke. 

If you get caught using your phone in the car it should be 6 points immediately. If you get caught again you should lose your license for 3 years. If you cause an accident in any way while you are on your phone or can be shown to be using your phone in the lead up then you should be banned for life and suffer a very serious custodial sentence if you have hurt or killed someone. 

"Judge McGurgan told the court today that while her admission was a mitigating factor in his sentencing, along with her clear record and remorse, the time taken to come to this conclusion “had caused a high degree of harm” to Mr Walker’s family."

Her admission of what? Lying through her teeth until she finally realised they weren't going to believe her shit in light of the massive amounts of evidence. Shes sorry she is being punished more than anything. As to a clean record, again I don't give a shit. I don't care if a serial killer murders someone with their car or its someone who just doesn't pay any attention to driving because they can't put down their phone for more than 5 minutes. They are dead. You have killed them because to you, your social fucking media was more important than a man and his familys lives. 

My mind just boggles at how lightly we treat phone use and the subsequent consequences of it. 

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Muddy Ford | 4 weeks ago
4 likes

Disgraceful sentence that reinforces the contempt towards cycling. I hope both the driver and judge suffer a serious illness.

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jamesha100 | 1 month ago
10 likes

Should be a lifetime driving ban. Who could seriously argue against the justice of that in this case?

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IanMK | 1 month ago
12 likes

The NHS recognise phone addiction as a serious condition. The DVLA should do the same. Drug and alcohol addicts can be on one year licenses with annual medical checks. The same should apply to phone use with annual review of their phone usage along with psychiatric report.

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chrisonabike replied to IanMK | 1 month ago
9 likes

If they're formally recognising phone addiction, and have noted that our eating habits (driven by stuff people want to sell us) are obeseogenic ... when are they adding car addiction? So many people confess they both "have to drive" and also that their (very expensive) habit makes them miserable...

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Secret_squirrel | 1 month ago
10 likes

Let down triply by the NI justice system.

Lying bad driver with no remorse takes 5 years to come to court and a slap on the wrist AND with derisory sentencing guidelines that are way out of kilter with England and Wales.   The age makes it predate the guidelines update to the 2-14 year jail term range but now in E&W she would have got around 8 years from a proper justice system.

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wtjs replied to Secret_squirrel | 1 month ago
6 likes

now in E&W she would have got around 8 years from a proper justice system

Crikey! That's the first time I've noticed the allegation that E&W either has or operates a 'proper justice system' in relation to the killing of cyclists

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Secret_squirrel replied to wtjs | 1 month ago
8 likes

I wouldnt say it's "proper" - the sentences on offer for "Death by Dangerous" were increased a couple of years ago to make it equivalent to Manslaughter. 
Now we need judges to apply them properly. 
 

Atleast it's a step above the clown car sentencing that you get in Scotland and NI.

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eburtthebike | 1 month ago
18 likes

I'm sure all the detractors of Cycling Mikey and others who report phone driving will now STFU.  Surely the ban should have been longer? Much, much longer.

Condolences to the family and friends of Mr Walker.

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wtjs replied to eburtthebike | 1 month ago
4 likes

I'm sure all the detractors of Cycling Mikey and others who report phone driving will now STFU

Surely you should have cc'd this to Lancashire Constabulary? - as they're so confident it's not a 'real offence' that they ignored all these:

https://upride.cc/incident/yh66utp_audia1_handheldmobile/

He's turning hard right coming out of Garstang High School, accelerating, changing gear with his left hand, steering with the fingers of his right hand, holding the phone between right thumb and forefinger and staring at the screen and you know that whatever passes within the collective police mind  as thinking is ticking along 'he didn't hit anyone, what's the problem?'

https://upride.cc/incident/kd10wer_porsche_mobilephone/

https://upride.cc/incident/ld71uom_amazonprime_handheldmobilephone/

https://upride.cc/incident/pk55fxa_focus_handheldmobilephone/

 

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Hirsute replied to eburtthebike | 1 month ago
2 likes

I doubt that as they will still argue that using it whilst stationary isn't a problem.

Despite the congintive overload and impact after putting the phone down. That is even if they bother to check their surroundings and hazards before moving off.

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Rendel Harris | 1 month ago
8 likes

Quote:

The 31-year-old had initially been charged with causing death by careless driving, but after reviewing the evidence the Public Prosecution Service opted to increase the severity of the charge to causing death by careless driving.

Come on guys, appreciate all the entertainment you provide and discussion you provoke but really, two seconds just skimming your articles for errors before you post them would work wonders...

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mitsky replied to Rendel Harris | 4 weeks ago
0 likes

You beat me to it.

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wtjs | 1 month ago
5 likes

31-year-old had initially been charged with causing death by careless driving, but after reviewing the evidence the Public Prosecution Service opted to increase the severity of the charge to causing death by careless dangerous driving

I'm assuming that's what was meant. This must be some sort of record! Prosecutors actually changing to an offence with increased gravity in a case of cyclist-killing

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Car Delenda Est replied to wtjs | 1 month ago
0 likes

Is this humour or a sudden attack of crippling optimism?

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whosatthewheel replied to wtjs | 4 weeks ago
3 likes

wtjs wrote:

31-year-old had initially been charged with causing death by careless driving, but after reviewing the evidence the Public Prosecution Service opted to increase the severity of the charge to causing death by careless dangerous driving

I'm assuming that's what was meant. This must be some sort of record! Prosecutors actually changing to an offence with increased gravity in a case of cyclist-killing

I find it fascinating how careless driving is not considered dangerous by the law.  

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HLaB | 1 month ago
7 likes

With the prison crisis I can reluctantly accept the sentence, but she should have been banned for life!

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dubwise | 1 month ago
2 likes

road.cc, please show some respect and call the deceased Mr. Walker.

Thank you

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Secret_squirrel replied to dubwise | 1 month ago
0 likes

Dubwise please show less pendantry. 
 

Thank you!

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the little onion | 1 month ago
15 likes

Prolonged period of dangerous driving, resulting in the death of an innocent vulnerable road user.

 

and only a 4 year ban!!!! 

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Mr Blackbird | 1 month ago
19 likes

Selfish and disgusting.
The offender lied and lied, until confronted with overwhelming evidence. This reluctant admission was then presented as a mitigating factor.

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