A hit-and-run driver found with both cocaine and cannabis in her blood has been sentenced for up to six years and eight months in prison after speeding and causing the death of a cyclist, and then “fleeing and weaving a web of lies”.
Factory worker David Burrows, 59, was riding his bike early morning on 01 December last year on Islands Brow, St Helens in Merseyside when he was hit by a beige Skoda Fabia driven by Anya Foster, 32, and was left injured on the road as she drove off from the scene.
He was discovered at just after 6am, just a few hours later after the collision by two caretakers driving on Island Brow, a single-lane, well-lit 30mph road, who noticed a hi-vis jacket with fluorescent strips in the gutter and a bike frame with front and rear lights lying on the pavement.
As they stopped their car on the side, they were shocked to find that it wasn’t just a jacket, but Mr Burrows lying unconscious by the side of the road. They immediately called an ambulance, and St Helens Star reports that a passing cyclist also stopped and was able to recognise Burrows.
Mr Burrows was rushed to the hospital and placed on life support, however the doctors claimed that he had suffered “catastrophic injuries” including a fractured neck and brain haemorrhage, from which he was unable to recover and unfortunately passed away the same day.
Merseyside Police officers investigating the scene located debris from a Skoda Fabia and issued a public appeal for information on social media. An anonymous caller informed them about the location of the car and the driver, and at 2pm the same day, the officers attended Foster’s house in Parr, St Helens.
They found the Skoda Fabia, which was parked up close to the property to hide the damage to the windscreen and the front of the car. When asked if she had hit a cyclist, Foster told the police that she had stopped straight away and that Mr Burrows denied her offer to call an ambulance.
She also told the police that she had smoked a “spiff” of cannabis afterwards to “calm her nerves” and consumed cocaine days before. She also said that she would indulge in smoking marijuana a couple of times a week to ease her “severe back pain” and used cocaine once a month with her friends, but she could go months without using it and had not used it the night before the crash.
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However, roadside and subsequent blood tests confirmed the presence of both drugs in her system, with the level of cocaine – around 12 hours after the crash – being five times over the limit.
In the UK, cocaine is classified as an illegal drug with a 'zero tolerance approach' for drivers, with a threshold limit being 10 microgrammes per litre of blood to prevent for any accidental exposure. On the other hand, delta-9-tetrahydrocannabinol, or THC found in cannabis has a threshold limit of 2µg/L.
Foster was then taken to St Anne Street Police Station in Liverpool, where she was interviewed under caution at 10pm. She claimed that she was travelling to pick her sister up from work at 5:20am, which she said she did regularly, and had fully de-iced her window before leaving, allowing 10 minutes for the car to warm up.
She said that she first realised about the crash when she heard a loud bang, upon which she panicked and drove away, before calling to inform her sister that she would no longer be able to pick her up. She also claimed that Mr Burrows didn’t have his lights on and that she couldn’t see him.
“Rather than stop, you made off knowing full well what you had done and laid low. You were arrested, and the lies continued.”
However, CCTV footage showed that she did not properly de-ice her car, with her side windows obscured by frost, nor did she wait 10 minutes for the car to fully defrost, while additional footage from another CCTV camera showed that Mr Burrows had his reflective hi-vis jacket on, and that both his front and rear lights were on, with prosecutor Arthur Gibson noting: “He was clearly there to be seen.”
A police technician managed to retrieve her phone’s GPS data, which proved that she was not travelling at the 35mph speed that she had told officers about, but instead her speed was above 40mph at the point of collision.
Moreover, she had also not informed her sister about not picking her up. In fact, the court heard that she was actually travelling to meet a man and was running late.
Gibson added: “The police investigation revealed that most, if not all, that she told the police in her interview was simply untrue.”
Foster also took a “circuitous” route home, which the prosecution claimed was to avoid emergency vehicles potentially being on the route and spotting the substantial damage to her car. When she arrived home, she even phoned her brother asking about how to fix her damaged windscreen, and he urged her to call the police, but she did not.
Mr Gibson revealed that Foster has two unrelated previous convictions as a juvenile and had a clean driving licence at the time of the incident.
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Mitigating on behalf of the defendant, and addressing her failure to stop, Foster’s barrister said: “This is a young woman who was in shock by the collision and acted in an abundance of panic in an alien set of circumstances.
Foster, mother of three children, told the Probation Service that she wished her life had been taken and not that of Mr Burrows, the court was told.
In a tribute issued following Mr Burrow’s death, his family said: “David was a kind and loving person who loved his family, friends, music, biking and Pilkington, where he was cherished.
“As a family, we are devastated and heartbroken by his loss. We are going to leave your chair empty for you on Christmas Day our Dave.
“David leaves behind his brothers Stephen and Paul, his niece Amelia, his sister-in-law Amy and Margie, and he cherished Sam and her cakes.
“The family would like to thank Pilkington NSG for their amazing and continued support to his family. Pilkington was David’s world and all of his work colleagues. He was amazing and so, so loved and will be forever missed. God bless you our brother xx.”
David Burrows (Merseyside Police)
The court heard an impact statement from Paul Burrows, Mr Burrows’ brother, who said: “How can something like this happen and David be left at the side of the road? The person responsible did not have the decency to stop. This is wholly unbelievable and unforgettable.”
Stephen Burrows, also his brother, wrote: “I cannot put it into words. My world has been turned upside down. I did not just lose my big brother, but my life-long best friend. We did everything together, even going to the supermarket. I will never be able to invite him around again for a cup of tea.
“I do not know if I will ever learn to live with his death. A piece of me died that day forever.”
His niece Amelia wrote: “I do not know how I am going to live without my Uncle David. I had 18 years of pure joy with him before he was ripped away.”
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Before sentencing, Judge Louise Brandon said: “On December 1 last year, lives were changed forever, when David Burrows lost his life while cycling to work on his bike.
“He did not make it to work, as you showed a callous disregard for his life when you left him on the road for others to find. David Burrows died aged 59 – a tragedy that words cannot describe.
“I have listened and read with heartfelt sympathy the family impact statements. Their grief is profound, and I cannot image how they must have felt today, sat in dignified silence listening to details of appalling driving by someone who should not have been behind the wheel that day.
“No sentence I can impose today can in any way ease the pain caused by David’s loss, and the impact on his family and friends.
“Their dignity is in stark contrast to your cowardly actions. Rather than stop, you made off knowing full well what you had done and laid low. You were arrested, and the lies continued.”
Foster was sentenced to six years and eight months in prison, of which she will serve no more than half before being released on licence, according to St Helens Star.
She was also disqualified from driving for 11 years and four months, after which she must pass an extended driving test before getting behind the wheel again.
DS Simon Duffy, from Merseyside Police’s serious collision investigation unit, added: “Foster’s reckless and selfish driving resulted in the death of an innocent man while he was riding to work, completely devastating his family.
“Not only did Foster cause the crash, but rather than stop at the scene to help David and face the consequences of her actions, she chose to flee and began to weave a web of lies.
“Our investigation proved that Foster attempted to mislead officers at multiple stages. We have worked tirelessly to establish the full facts, and Foster has now been held accountable for her actions.
“Our thoughts remain firmly with David’s family and friends as they continue to deal with the devastating outcome of this heartbreaking incident every day.
“The sentencing comes as Merseyside Police prepares for its annual drink and drug driving campaign, Operation Limit. The operation will see dedicated patrols focusing on removing selfish drivers from our roads who choose to drink alcohol or take drugs before getting behind the wheel.
“My message to those who choose to drive whilst under the influence is this. You are not only putting your own life and your own future at risk, but also the lives of innocent people. Is it really worth risking your own life and the lives others?”
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25 comments
His life was only worth shy of 7 years ,that's too lenient in every book .Let alone drugged up and leaving him to die
She will serve "no more than a half", so 3 years and 4 months and she is walking free. And with the practically non-existent road policing it's guaranteed she will be driving again pretty much straight away after the release.
That's a terrible outcome. RIP for the victim. The length of driving ban plus the need for a retest at least is something.
Multiple times a day cars and vans pass me smelling of Cannabis, I see fresh nitrogen oxide cannisters at the side of the road and I witness people driving like they are on cocaine but the police don't care.
Before each bike journey I tell my family I am setting off in the group chat, I use my right hand mirror constantly to check cars behind me and I have location always switched on my phone. Sad times...
My thoughts are with the family and friends of David.
Should the death penalty be reintroduced for drug /drunk drivers who kill people?
No.
No because, you know, civilisation and that.
Ah... but which civilisation? If arguing from precedent (or even "moral ground") - with the benefit of almost no political, historical knowledge etc. I'd bet that the numbers would suggest the opposite answer. At least for some crimes involving killing people - no idea how people dealt with high horsemen, carters in their cups or dipsomaniac drovers in general.
I'm thinking of the ideal civilisation where people are genuinely civilised, not sure anyone's got there yet. Remember how Gandhi responded when he was asked what he thought of Western civilisation: "I think it would be a very good idea."
Yes.
No, far too often miscarriages of justice happen.
What then? "Oh sorry, we murdered him for a crime he didn't actually commit".
That question would send Daily Mail readers into turmoil.
I wondered whether us cyclists are more aware of an epidemic of drug driving that ordinary people just wouldn't notice? I recently mentioned at a cafe stop just how often a car passing left a strong smell of skunk in the air...usually delivery vans but not just them. Many at the table agreed that their experience was the same. A normal motorist (and even plod in cars) would be oblivious to this.
It's a shame that we don't see a rise in number of chilled out drivers, but it might explain some of the poor driving and decision making that we see.
Yes, it's something I notice a lot when I'm cycling in traffic or riding my motorbike in traffic. I pass a lot of vehicle with drivers obviously puffing away on a spliff. Some time ago I did pass a very manky old Transit that couldn't have been road legal given its condition and as I passed I note the driver and passenger enjoying a big spliff. I filtered past on my motorbike and just ahead wasa cop car. I stopped alongside, tapped on the window and said if they needed an easy bust there was a dodgy old van with two guys who looked out of out it in the front.
Coming from the same neck of the woods as your good self I swear I could get high most mornings, if I wished, just by riding slowly alongside the traffic jams and inhaling deeply. Most worryingly, apart from the obvious risks of driving impaired, is that many of the vans from which smoke emanates are badged as plumbers, electricians etc, so one can only assume that these people are getting stoned before starting work on safety-paramount installations.
In terms of the specific substance possibly, but even driving in the car I am regularly following the driver in front and making decisions to drop back further, take another route or otherwise get away from their erratic behaviour. Whether it is drugs, drink or facebook I don't know, but it is obvious to me their driving is dangerous.
How is this NOT dangerous driving ?
It would put people off driving to work, or driving to the shops, if people were regularly convicted of doing it dangerously. Can't have that as it'd impede their ability to be good workers and good consumers. Hence the legal fiction that people like this are just driving carelessly.
"Mitigating on behalf of the defendant, and addressing her failure to stop, Foster’s barrister said: “This is a young woman who was in shock by the collision and acted in an abundance of panic in an alien set of circumstances."
Hmm. Her attempts to hide her crime indicate a cold-hearted intent to protect her own liberty rather than acting in panic and shock.
Good work by the police, and bless the person who made the anonymous tip-off.
I did start asking myself why there is a legal limit for a class A drug, until I read this bit: "In the UK, cocaine is classified as an illegal drug with a 'zero tolerance approach', with a threshold limit being 10 microgrammes per litre of blood to prevent for any accidental exposure."
So is that the sort of level of level you could get just from e.g. handling cash?
No, because the drugs can't get into your bloodstream through the skin and the amount transferred through licking your fingers etc would be microscopic. What can happen though is that the test could be contaminated by trace amounts of the drug on your hands, like this bus driver who proved with a hair follicle test that there were no drugs in his system even though he tested positive after traces of cocaine from handling banknotes transferred from his hands to the test swab: https://www.theguardian.com/society/2015/mar/19/contaminated-banknotes-c...
Interesting. I would have expected someone else (wearing gloves) to handle the swab and administer the test to minimise that sort of contamination. Had the tester been tested?!
I keep hearing about how hiviz is like a mythical armour that will protect pedestrians and cyclists. Would motorists still insist vulnerable road users wear, if killing a vulnerable who was wearing it carried a life without parole sentence?
This is an absolutely horrible case. I can't understand how so many people seem to think that drug driving is acceptable. As far as the hi-vis and the lights are concerned, clearly they don't protect you. ButI think it is good he was using them because it at least helped to establish the level of her culpability. I just feel so sorry for him and his family.