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Pedestrian zone cyclist.JPGCyclist jailed after fatal collision with pedestrian in Hereford city centre
A cyclist involved in a fatal collision with a pedestrian in Hereford city centre has been jailed for 12 months after pleading guilty to causing bodily harm by wanton or furious driving. He had been riding a defective bike recovered from a scrap metal lorry in an area where cycling was prohibited when the incident took place.
The BBC reports that Darryl Gittoes, 21, hit Mary Evans, 73, on Commercial Street in Hereford city centre last July. Evans died in hospital nine days later.
The CPS said that Gittoes’ bike, recovered from a scrap metal lorry, had no brakes, a deflated rear tyre, a cracked front tyre and no bell.
A Traffic Regulation Order prohibits cycling on Commercial Street between 10.30am and 4.30pm and Gittoes had apparently been warned for cycling there on a number of occasions, including most recently on the day before the collision.
Emily Lenham, senior crown prosecutor from West Midlands CPS, said:
"Darryl Gittoes was fully aware that his bike was not in a roadworthy condition and he knew of the prohibitions which were in force along Commercial Street, however, on 30 July 2014 he disregarded the previous warning he had received from the police and rode his bicycle along this street and in doing so, he collided with Mary Evans, knocking her to the ground. Mrs Evans would later die due to the head injuries caused by the collision.”
Lenham said the case highlighted the dangers of riding a bike in a pedestrian area.
In a somewhat infamous incident from 2008, a cyclist killed a teenage girl after he collided with her as she walked along a pavement in Buckingham.
Jason Howard admitted, when interviewed, that he could have braked or stopped when he first became aware of Rhiannon Bennett and her six friends. With no traffic around, it was said that he could have avoided the group by picking a route anywhere across the five metre-wide road. Instead, he was said to have shouted “move because I’m not stopping” before veering onto the pavement where he collided with Bennett.
Chris Thompson, defending, asked one witness: "Could you see any reason why he shouted at you if you were on the path?" The youth replied: "Yes, he wanted to cut the corner and didn't want to stop."
Howard was convicted of dangerous cycling and fined £2,200. A CPS spokesperson explained: "It was decided that the charge of dangerous cycling was the appropriate charge and there was insufficient evidence for more serious charges, such as manslaughter, to be pursued."
More recently, a Blackpool cyclist was reported for summons for dangerous cycling following a pavement collision with a toddler. The incident was captured on home CCTV footage and led to a media backlash which saw the man involved labelled ‘the most callous cyclist in Britain’.
Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.
Latest Comments
- Boopop 1 sec ago
I find it deeply jarring and disappointing that Sir David agrees with these people not wanting a cycle lane. Whenever I watch one of his excellent...
- chrisonabike 9 min 7 sec ago
May need insurance, tax and a licence. No problem with the lights though.
- Simon E 25 min 8 sec ago
Yes, they look just like the Lezyne Zecto model. My club bought a couple of sets from the LBS for our midweek TTs so if someone turns up without...
- Hirsute 2 hours 56 min ago
If you can't see a %^$&ing large tractor what ^%$£"!*ing hope is there that you will see a cyclist ?...
- chrisonabike 3 hours 14 min ago
Well if you *can* interview the original riders at all surely they worked, at least?...
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Live: Car plunges over wall and lands on beach rocks...
- biking59boomer 3 hours 49 min ago
Looks like yet another bike share service that's going to fold because of selfish idiots.
- quiff 7 hours 53 min ago
Fair point - I was restricting myself to pedal bikes. As I've never spent that kind of money on anything though (mortgage doesn't count), it's kind...
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And finally: I wonder how many of the "more than 3,000" signatures on that petition are actually locals, who live or work there (and are not just...
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32 comments
I love it how these things turn into lengthy personal arguments between complete strangers. T'internet is great intit!
There has long been conflicting evidence about the earlier case, for example the Police statement that the victim may have been in the road, quoted by the Guardian report, and I suggest that there should not have been such an uncritical reference to the version in which the cyclist is said to have been on the pavement.
(1) http://www.theguardian.com/uk/2008/jul/09/ukcrime
i am always surprised that I never hear stories about relatives finding people like this on their release.
Yes I sometimes think the same -lately, of that Edinburgh driver who's killed two cyclists 30 years apart - but then the relatives know lots of case detail and have had a really good think about it, whereas we know next to nothing about it, haven't stopped to think at all, and are just sharing weird fantasies about hurting strangers.
But you have completely turned it into a motorist vs cyclist debate with your inaccurate initial post and subsequent bullshit.
Motorists can and are charged with manslaughter if there is sufficient evidence of gross negligence. As can cyclists. As can rollerbladers. As can pedestrians.
I can't think of a single incident of a cyclist being charged with manslaughter. There are a number of incidents of motorists being charged with manslaughter - Roadd.cc reported about that bishop being charged with manslaughter for running over a cyclist (although that was in the US). Here there was an incident earlier this year in Bath when a young HGV driver was charged with manslaughter.
The quote from the article is from a 2008 incident when the cyclist called out to a bunch pf people that he wasn't stopping and mounted the pavement and rode into them. He completely should have been charged with manslaughter in my opinion. So, one could argue the exact opposite of your stupid argument - why are cyclists let off with a slap on the wrist when motorists are charged with manslaughter!
I'm not saying any of this is fair or in any way good, I'm just saying its not as you've painted it - the sentences for motorists AND cyclists that drive like assholes and take a life are woefully inadequate.
Twat got off lightly I'd say.
Some people seem to be suggesting he should have got a tougher sentence whether there is sufficient evidence or not.
If only the victim had been wearing a helmet...
What a callous thing to say, I'm sure her family will really appreciate that. Prat
But why only 12 months
Jesus Christ.
Just... Jesus Christ.
This comment was making an actual point, if quite sharply. I have the JesusChrist reaction more to goes-without-saying RIP sentiments and furious macho kneejerk condemnations.
CPS person hasn't spent much time in Bordeaux.
Suppose he couldn't blame low winter sun. I have to wonder why he was warned a number of times but they didn't take decisive action when the bike had no brakes?! Usual thing though, wait until someone dies to take action.
Since when has having a bell been a legal requirement or even something that determines whether a bike is fit to ride?
Also, how come if you kill someone on a bike you can be pursued for manslaughter yet drive like a loon and kill someone in a car and it's just dangerous (or even careless in many cases) driving?
It's not. Nobody is saying it is.
Whatever. Did you even read the article? Who was charged with manslaughter?
I was merely pointing to the fact that the CPS considers a bell part of the things that make a bike fit for the road and that the case discussed later on there was mention of pushing for manslaughter but they couldn't due to lack of evidence. Here:
And here
It looks to me that someone else didn't read the article and failed to understand the point I was making before pointing fingers and being rude to complete strangers.
As i said, nobody is saying a bell is a legal requirement and nobody was charged with manslaughter (Although i think both the assholes mentioned should have been). The sentiment of your post is that CPS is being harsher on the cyclists, i completely disagree. Both of these cyclist cnuts that have taken a life have gotten off with a mere slap on the wrist, the punishment for this sort of crime in this country is a complete farce whether you're a cyclist or a motorist. Don't try and turn it into some bullshit motorist vs cyclist controversy that is simply not there - the punishment is equally as inadequate as it is for motorists that kill. I imagine both these families feel a huge sense of injustice and i completely agree with them.
I wasn't intending to turn this into a cyclist vs motorist debate. But why should a bell come into any mention of the bike? At the end of the day there was only one real factor and that was the lack of ability to control a bike, so really just the lack of brakes and deflated or damaged/worn tyres. I haven't got a bell on my bike since it fell off, it's funny that I can still fully control my bike without this essential piece of equipment. In my mind to mention bells is as bad as the argument that victims weren't wearing hi viz.
As for the manslaughter charge, I never said anyone was charged (which you appear to have misread) I said PURSUED. If you read the article properly and my comment properly both I say it and he article tells you that the possibility of a manslaughter charge would have been PUSUED, but due to lack of evidence it wasn't. How is that not pointing out that when it comes to cars killing people (regardless of whether they are pedestrians, cyclists or even other vehicle drivers) the most that ever gets mentioned is death by dangerous driving, yet the minute a cyclist kills another person that manslaughter is mentioned AND IF YOU READ THE ARTICLE IT IS MENTIONED. I'm not inventing any conspiracies or trying to turn this into something it's not, but why do the CPS even mention manslaughter? (read the article manslaughter does actually appear in the paragraph I quoted).
Silly fool, he should have used a BMW, if he want to avoid jail time.
http://www.dailymail.co.uk/news/article-2572989/Woman-BMW-driver-killed-...
So sad that all he gets is a slap. A zero on the would be better for taking a life.
Jason Howard sounds like a super sized twat as well. Should have been jailed too.
I'm glad there has been some consequences for his actions, mores the pity that it doesn't routinely happen to equally guilty motorists...
although if you google his name, someone of the same name in the same town starred in a Passion Play Film at his local church and is photo'd on a bike (with girl - playing Mary on the handlebars), not sure how that fits in to the narrative...
Even although I don't know them, I pass the friends and family of Mary Evans my best wishes. I hope the fact that the culprit has been convicted will give them some comfort.
He'll no doubt experience a bit of prison justice once the door slams shut.
Thats not going to bring back someone's Sister/Mum/Gran though is it ?
Good news that this twat is off the streets, even if it is only for a short time.
Well least they are tough on cyclists who kill, he should have been driving and would have got £50 fine, 3 points and community service.
Oh Lord, can we not make this a No True Scotsman thing? By any usual definition, this guy was a cyclist. Also a dangerous twat who knew he shouldn't be there, and apparently wasn't willing to take even cursory care knowing he shouldn't be riding there.
Not a cyclist. Not even a person. Just a reprehensible cunt.
This guy is not a cyclist, he's someone who pinched an old bike out of a skip.
A good result. If he had been in a car, he would have gotten off...
I'm tired of people like this being called cyclists.
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