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

The parents of an eight-year-old boy who was struck and killed by a pick-up driver on a pedestrian crossing in Co. Cork, after the motorist ignored a red light, have called for better enforcement on the roads, while also criticising the “undue leniency” of sentences handed out to dangerous drivers who kill.

André Castro Ladeiro was on a family bike ride with his parents and younger brother on 12 August 2023, when he was hit by a Ford Ranger Wildtrack pick-up truck driven by John Moynihan at a crossing located just after a roundabout on Cork Road in Carrigaline, Co. Cork.

According to the eight-year-old’s parents, André “waited for the green man” and checked “no cars were coming” before crossing the road – which connects a cycling and walking path to the town’s schools – when Moynihan “came flying out of nowhere, ignoring his surroundings, disrespecting the red light in a pedestrian crossing and running over our son”.

Following the “catastrophic” crash, André was taken to hospital and later transferred to Children’s Health Ireland at Temple Street, Dublin, where he was treated for five days before dying from his injuries.

Earlier this week, 62-year-old Moynihan was sentenced to two years in prison, with one additional year suspended, for dangerous driving causing the young cyclist’s death. He was also disqualified from driving for six years.

Judge Dermot Sheehan told Cork Criminal Court that a custodial sentence was warranted in order to serve as a “deterrent to other motorists”.

“For him, my son was only a leaf”

However, in a victim impact statement, and in later interviews with Irish media, André’s parents César Ladeiro and Filipa Castro criticised what they believe to be the lack of justice involved in this week’s sentencing, while expressing their anger at the number of rule-breaking drivers on the road.

Reflecting on the trauma they have experienced since witnessing the fatal collision, César and Filipa said in their victim impact statement, read in court: “Every day has been a challenge between anger, sadness, depression, despair, fear, dark days, disbelief. All those words became part of our life since that driver killed our son. Also, panic attacks, nightmares, sleep deprivation, anxiety, fear, stress.

“You have no idea what is to see people around driving without due care. The sound of the impact of the car hitting our son and the image of our son lying down on the road are constantly present.”

Cork Road, Carrigaline, Co. Cork (Google Maps)

They continued: “Facts are that during a family bike ride André was crossing a road on a pedestrian crossing that connects a walking and cycle path to schools in the middle of Carrigaline and that crossing has traffic lights. André waited for the green man. Before crossing André and myself checked no cars were coming.

“That driver came flying out of nowhere, ignoring his surroundings, disrespecting the red light in a pedestrian crossing and running over our son.

“As a nurse who worked in a paediatric ICU for twelve years, André’s mum realised from the first minute how catastrophic the situation was, while André’s dad just had hope… Tomás, André’s brother, was there, alone, inside the trailer, staring at André without saying a word.

“André spent five days fighting to live, five devastating days that ended with his parents at his side for his last breath.

“It is still impossible for us to believe or accept this. Every day, we wait to see him walk through the door, to give us again the most earthly hug only he could give, his sounding kisses, to see his captivating smile. But no, the only thing we find is pictures and videos, memories.”

Expanding on the moments leading up to the crash in an interview with RTÉ’s Liveline, Mr Ladeiro said that he had just started to cross the road with his other son Tomás in a trailer behind him, with André in front, when Moynihan drove through the red light.

“The traffic light gets red for the cars, and I’m seeing the traffic light because I’m behind, and Andre is in front of me, facing the signal or facing the crossing. I stayed behind him, because the track there is not wide enough for us to be like the two bikes,” he said.

“I was starting to cross, and I never saw it coming. I never heard it coming. There were no sounds, no marks, nothing. André was breathing, so I had hope.”

When asked if Moynihan had apologised for killing his son, Mr Ladeiro said: “To us directly? Never. Towards our solicitors? Never.

“There was no explanation given. And I think that anyone with the perfect conscience of what he was doing when driving, even if you didn’t see anything, if you hear the loudest bang in front of you – just press the brakes. Emergency brake.

“They teach you that when you get your licence. And did that happen? No. Could that have had a different result? We don’t know.

“No, [he didn’t brake] anytime. So, as I said in court, for him my son was only a leaf, and probably he just stopped because his tyre got deflated. I’m not sure. I never heard his voice.”

“The value of my child, killed by dangerous driving, is a two-year sentence”

In their victim impact statement, César and Filipa – despite thanking Judge Sheehan for explaining the reasoning behind the sentencing – argued that the three-year prison sentence, with the last year suspended, was too lenient.

“Does this outcome take in account all the suffering it caused?” they asked. “Is this what people want for justice on the 21st century in the Republic of Ireland? Is this outcome anyway proportional to the life of a child that had so much to live, so much to share?”

In his interview on Liveline, César noted that, under Irish law, Moynihan faced a maximum sentence of ten years for causing death by dangerous driving.

“That’s the right phrase, that you can get prison sentence of ‘up to’ 10 years,” he said on the programme. “These two key words: ‘up to’. So you can drive dangerously, kill, and you can have ‘up to’.

“It’s not ‘from’. It’s ‘up to’. So in the end, the judge did what was in the law, and according to his judgment, and according to the law.

“So I cannot say anything else for André's case. But the value of my child, for the state of Ireland in this case, killed by dangerous driving, is a two-year sentence.

“I hope that if [Moynihan] has any religion, that he continues to suffer after his days are done.”

He also argued that the justice system did not provide enough support for his family during the sentencing process.

“The other victims are still here, and they are not taken into account during all this process,” he said. “We were asked if we wanted to do a victim impact statement, that’s really it.”

Mr Ladeiro added that his family still regularly cross the road where André was fatally struck and are constantly angered by the continued presence of rule-breaking drivers.

“Any simple thing that we see on the road that is against the rules just make us mad,” he said. “You cannot imagine how we boil from the inside seeing someone not stopping at a red light.

"The problem is not only there, it is a reminder of everything else. It happens. And again there is no conviction, because Garda cannot be everywhere, it is not their duty to be everywhere. We are in the 21st century. Enforcement needs to happen, somehow.

“For us, my son Tomás, when he sees someone crossing at traffic lights, he just gets ‘that man is being bad crossing on a red light’. He will know that his brother crossed on the green man and he had the result that he had.”

André Castro Ladeiro

In their victim impact statement in court this week, César and Filipa said they are determined to use every bit of their “strength and resilience” to make things better for Tomás, who will turn seven this year, and say they want to have “hope for the future” and to “laugh and make dreams come true.”

The couple said that André, born in December 2014, filled their lives “with all the most wonderful feelings.”

“A dream came true and it was an incredible journey with happiness, smiles, energy, gratitude, bravery, resilience, pride and so much more. In 2019, we chose Ireland to live in and give more time together to us as a family. A huge step for us,” they said.

“André’s ability to settle here, without knowing nearly any English was remarkable. But this was as he was: full of good feelings! He made so many friends, his age and grownups, he loved the schools he went to. He was always ready to take part in community activities, fundraisings and always helping who needed help, a hand, a laugh.

“His smile was contagious, as contagious was his character. He was also involved in different sports, such as gymnastics, swimming, GAA and taekwondo. He spread joy and kindness! He was so happy, we were so happy.”